1. INTRODUCTORY STATEMENT
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Our Site provides a content hosting and sharing service that allows user to store images and videos and share them across the internet and create unique personal profiles online. The services offered by Burstn include the Site, content (including, without limitation, images, video and accompanying audio) hosting and sharing on the Site and third party sites, applications and services, content editors, links to partner providers, [printing and other photographic merchandise] , Burstn APIs, and any other features, content, mobile services, Burstn branded URLs or applications offered from time to time by Burstn in connection with Burstn’s business (collectively, the "Burstn Services"). The Burstn Services are hosted in [Canada].
As part of the normal operation of our Service we, therefore, collect and publish text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials information about you (collectively, "Content") that you post on or through the Burstn Services. If you post personal information online that is accessible to the public, that information becomes publicly available and can be collected and used by others and redistributed through the internet and other media channels Accordingly, by submitting such Content you thereby waive any privacy expectations you have with respect to our use of your likeness or personal information provided to us in connection with the Burstn Service and the Site. IF YOU DO NOT WISH TO HAVE THE CONTENT ACCESSIBLE TO THE PUBLIC, INCLUDING YOUR PICTURE VIEWED BY OR DISCLOSED TO OTHER USERS, DO NOT USE OUR SERVICE.
2. A SPECIAL NOTE ABOUT CHILDREN
The Site is not directed to persons under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information (as defined below) without their consent, he or she should contact us. We do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete such information from our system.
3. INFORMATION WE COLLECT
We collect two types of information through the features provided on our Site:
Personally Identifiable Information - PII is data used to identify, contact or locate a person, including name, address, telephone number or email address.
Non-Personally Identifiable Information - Non-PII is information that is anonymous or not linked to a particular person such as your Internet Protocol ("IP") address, which is also referred to as aggregate and anonymous data.
As a condition of using the Services of Burstn, you agree to provide us with certain PII. This information includes, but not limited to: full name, postal address, phone number and email address as well as your computer's unique IP address (if any), financial information (credit card number, etc., for orders placed with us) and demographic information (e.g., zip code, postal code, hometown, gender, purchase history information and age as well as IP addresses that are not unique to your computer).
4. HOW YOUR INFORMATION IS USED
(a) Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance
We use contact information to help us efficiently perform transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with any orders that you have placed with us. We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. No other use of your financial information will be made except to satisfy any law, regulation, governmental request, or judicial order. When you make a purchase through the Site, or register with the Site, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.
(b) Contacting You for Offers and Promotions
You agree, in consideration for the use of the Services provided by Burstn.com, to allow Burstn.com to use your PII to send you marketing and promotional materials. Burstn.com may also send you marketing and promotional materials that promote third party products. Burstn.com will not rent or sell your personal information for use by third parties. These materials may include, but are not limited to: newsletters providing you with additional information on how to use the Services, and promotional offers for goods and services from Burstn.com or third parties.
(a) Cookies "Cookies" are small files placed in memory and/or disk on your computer that assist us in providing customized services and better functionality as you move from page to page within our Site. This information helps us figure out which of our web features are highly successful and which sites might need improvement. Cookies make the personalization of your internet experiences possible. For example, without the use of cookie files, it would be virtually impossible for us to remember your username and password as you click from page to page and you would need to log-in over and over again as you interact with pages of the Site that need to know who you are or what actions you have taken in previous pages of a session. We also offer certain features that are only available through the use of a "cookie." You are always free to decline our cookies if your browser permits; however, many aspects of our Service may not work properly without them.
(b) Session IDs
"Session IDs" allow us to identify a particular user across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if the user's internet browser program does not support cookies then Burstn.com will place the Session ID in the requested web page. This allows the end user to avoid having to continually re-enter certain information such as account name and password for every web page request. This Session ID expires whenever the user closes their internet browser.
(c) Web Site Tracking, Reporting
Many of our web pages also contain special electronic images (called a "single-pixel gif" or "gifs") that allow us to gather only non-PII traffic statistics and other aggregate information about visitors to our sites. Burstn.com (through itself or third parties) uses this technology to collect and accumulate anonymous data that helps us understand and analyze the experience of people visiting our web sites and, along with other information you provide, customize your future visits and improve our web sites. For example,
we capture data on the type of browser used, operating system software (e.g. Windows 95 vs. 98 or Macintosh), cookie preferences (whether the user has them turned on or off), and search engine keywords (what key words did a visitor use to get to our Site). We also record number of visits, paths taken, and time spent on sites and pages within Burstn.com's web sites. Please keep in mind that none of this information is personally identifiable and that we only distribute this information to internal staff at Burstn.com.
(c) IP Address
Each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.
The Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider. The ad service provider may place or utilize their own unique cookie on your browser, and may use non-PII about your visit to our sites, such as the number of times you have viewed the ad. Burstn.com is not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. Burstn.com does not sponsor, endorse or guarantee any products or services advertised by third parties on its site.
These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://networkadvertising.org/ consumer/opt_out.asp
(e) Direct Linking URLs or Hotlinking:
6. INFORMATION YOU PROVIDE ABOUT YOURSELF WHILE USING OUR SERVICE
7. OUR USE OF YOUR INFORMATION
You agree that we may use PII to improve our marketing and promotional efforts, to analyze Site usage, improve our content and product offerings, and customize our Site's content, layout, and services. These uses improve our Site and may better tailor it to meet your needs.
You agree that we may use your information to contact you and to deliver information to you regarding your account, administrative notices, newsletters and/or alerts for which you have opted-in and may cancel at any time, product offerings, targeted advertising on behalf of us and third-parties and communications relevant to your use of the Site. You agree to receive commercial e-mail messages from us, and acknowledge and agree that your e-mail addresses and other personal information may be used by us for the purpose of initiating commercial e-mail messages.
We collect all email addresses that you provide to us, and communicate with you via email in accordance with your preferences. When creating a user profile, you select the notifications that you wish to receive from us. For users that pay for our Paid Member service, we occasionally notify those users by email about account renewal dates, cancellations, changes in service or other operational concerns fundamental to the delivery of a high quality paid experience. We do not share your email address with any other users of our Site, including Paid Member subscribers. While we may maintain a copy of your email address if you send us an unsolicited email inquiry, we will not alter the email notifications that you have selected.
In addition, as a subscriber to the Site and/or in agreeing to receive email marketing from us, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "Rule"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.
8. OUR DISCLOSURE OF YOUR INFORMATION
The following describes some of the ways that your PII may be used or disclosed.
(a) Financial Information
Under some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for use of our subscription services and products. By purchasing a subscription, making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Site, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support your transaction or activity. By purchasing, or registering for, or making reservations for products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all information submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us.
We may disclose PII information to advertisers and other third parties for marketing and promotional purposes. You agree that we may transfer personally identifiable information about you to third party marketing partners who may then contact you based on that information. We do not disclose your
credit card number or bank account number to marketing advertisers. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Site, such action shall constitute an inquiry and/or application with the respective third-party advertiser for purposes of the Rule and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the Rule.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness and to better manage the advertising on our Site. For example, the companies typically gather data about consumers who view their ads. That data is anonymous - linked only to a numbered cookie on a user's computer. Networks collect and analyze this data to make a variety of inferences about each consumer's interests and preferences. The result is a profile that attempts to predict the individual consumer's tastes, needs, and purchasing habits. That profile enables the advertising companies' computers to make split-second decisions about how to deliver ads directly targeted to the consumer's specific interests. This is called online preference marketing.
Some advertisers also track and analyze anonymous usage and browsing patterns of the visitors to our Site. All data collected by these third parties on behalf of our Site is owned and used by us, but is licensed to the third party for the purposes of creating behavioral information segments. We use this information to help provide our advertisers with more targeted advertising opportunities, which means that users see advertising that is most likely to interest them and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In addition, the third parties can sell the behavioral information segments to other third parties for use in ads on other web sites.
(c) Other Corporate Entities
We may share all of our information, including PII, about you with our parent, subsidiary and other affiliated companies (each an "Affiliate") that are committed to serving your online needs and related services, throughout the world. Our Affiliates maintain and follow their own privacy policies which govern the use of PII. It is possible that we or one or more of our Affiliates, or any combination of such, could merge with or be acquired by another business entity. In connection with the due diligence review involving such a potential transaction, we may share some or all of your PII with potential acquirers, merger partners or investors, and their agents (including professionals). We would require that these third parties sign non-disclosure agreements and would endeavor to disclose as little PII as possible. If we are sold to or merge with another company or declare bankruptcy, some or all of the information collected from you, including PII, may be transferred to a third party as a result of the transfer of assets.
(d) Legal Requests
9. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, you can review and update the information you submitted during registration by logging-in and going to the "Account Settings" section of your profile (this section is clearly labeled in the left-hand navigation bar that is part of all profile pages). You are always free to change your password and email address, name, address, city, state, zip code, country, phone number, and profile. If you change your password and/or email address, we will retain a record of your old password and email address.
Upon your notification, we will remove your profile from our active databases as soon as reasonably
possible in accordance with our policy and applicable law. We will retain in our files information you have requested be removed from our active databases for certain purposes, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information may never be completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your PII will be completely removed from our databases in response to any request you may submit.
10. CONTROL OF YOUR PASSWORD
You are responsible for all actions taken with your login information and password, including charges and fees. Therefore we do not recommend that you disclose your Site password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password. If you lose control of your password, you may lose substantial control over your PII and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.
11. INFORMATION FROM OTHER SITES
12. NON-US USERS
If you are not a resident of Canada, you understand and agree that Burstn.com stores and processes your information on computers located in Canada, and by providing any data to Burstn.com, you consent to the transfer of such information to Canada.
We treat data as an asset that must be protected against loss, misuse, alteration and unauthorized access. To safeguard the confidentiality and security of your PII, we use industry standard practices and technologies including but not limited to "firewalls", encrypted transmission via SSL (Secure Socket Layer) and strong data encryption of sensitive personal and/or financial information when it is stored to disk.
available areas. We ask that you do not submit any personal information, including contact information or financial information, for display in public areas, as other people who use the Services will see it. If you submit such information for display in public areas, Burstn.com cannot prevent it from being used in a manner that violates the law, your personal privacy or your safety. By submitting such information for display in public areas, you assume the risks and sole liability arising as a result of such information being displayed.
15. CANADA'S PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT
The Canadian government has enacted the Personal Information Protection and Electronic Documents Act. That Act outlines the way personal information may be used in Canada, and we fully adhere to it. That Act defines personal information as anything that identifies an individual, such as, for example, their name, telephone number, age, home address, email address, gender. You may at any time contact us regarding our use of your personal information by using the Contact Form referred to below or at the mailing address referred to below (you may also change your personal information usage profile by accessing the "Manage Profile" sections of your Profile).
16. CALIFORNIA PRIVACY RIGHTS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or affiliates for those third parties or affiliates direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with whom it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the address listed below. Please note that it may take 60 days from receipt of your written request to receive the notice.
17. HOW TO CONTACT US
Privacy Officer Burnst Inc. 2300 Yonge Street, Suite 2300 P.O. Box 2313 Toronto, ON, Canada M4P 1E4
privacy AT burstn DOT COM
© 2010 Burstn Inc. All rights reserved Last Updated September 270, 2010.