Privacy at Smiley Media, Inc.
Use by Persons Under 13 Years of Age Prohibited
The Site and the Services are not directed to children and are intended solely for use by persons 13 years of age or older. All persons under 13 years of age are prohibited from registering on the Site and should not otherwise provide Smiley Media with any personal information. We do not knowingly collect any personal information from individuals under 13 years of age by and through the Site or the Services. If you believe that a child in your care has registered on the Site or has otherwise provided us with personal information, please contact us. We may ask you to provide additional information to verify your identity and your authority to act on the child's behalf before taking appropriate action, if any, to remove or disable any personal information in our control.
User Information Collected by Smiley Media on the Site
Information Users Voluntarily Provide to Us
You may correct or update your Registration Information directly on our registration forms. If your personally identifiable information changes, or if you no longer desire to use the Services provided by our advertisers, please contact our advertisers directly to update or delete your information pursuant to their privacy policies.
If you opt-in to advertising offers on the Smiley Media Advertising Network, Smiley Media will send your Registration Information to the advertisers that you selected, and, where you have indicated an interest to be contacted regarding their applicable products in the following ways, these advertisers may contact you with email messages to the email address provided by the user during registration, with telephone calls, faxes or postal mail directed to the postal mailing address that you supplied. After you opt-in to an advertising offer on the Smiley Media Advertising Network, your Registration Information is subject to the selected advertisers' policies governing use and disclosure of such Registration Information.
Cookies and Passive Data Collection
Smiley Media automatically, or "passively," may collect certain standard user information and clickstream data, which is a record of click selections within the Smiley Media Advertising Network, for all users. For example, we may log a user's Internet Protocol ("IP") address, operating system, browser type, time and date of visit and page views. We may collect this information through the use of server logs, "cookies" and "pixel tags."
Pixel tags are tiny graphic files that are included in web pages, HTML-encoded email messages and certain other types of content, which may read cookies.
Pages on the Site may also contain similar pixel tags that allow us to count users who have visited those pages, to compile aggregated statistics about Site usage and to deliver co-branded and other new features and services as they become available. Pixel tags on the Site may collect information such as a cookie number, time and date of a page view and a description of the page on which the pixel tag resides. We may use information gathered from pixel tags to improve the content of the Site and email messages, to help us diagnose problems with our servers and other equipment, to administer the Site, to provide the Services and to provide new or enhanced features or tailored products or services to our users as they become available.
When users visit particular pages within the Site, personal information may be placed in the URL or in an HTML form POST. This allows customized features for the user. Users should be aware that other websites visited before entering the Site might place personally identifiable information within a user's URL during visits to those websites, and Smiley Media has no control over the practices of such websites. Accordingly, some of this information may be logged by a website that collects URL information that the user visits.
How Smiley Media Uses the User Information
Smiley Media generally uses personal information for the purposes of operating the Site and Services and in the course of providing information to various advertisers. For example, we use Registration Information and the question responses of users to send sales lead information to our advertisers or advertising brokers who use the sales lead information to contact users regarding the products or services that the user indicated an interest in. Where a user has indicated an interest to be contacted by specific advertisers regarding applicable products, such advertisers may send, and the users may receive, correspondence, including postal mail, email, telephone calls and faxes regarding each advertiser's product or service.
We also may use personal information of users to process transactions on the Site, to provide support for the Services, to otherwise respond to users' requests and inquiries, to maintain a record of dealings with our users, to develop new products and services and to send information regarding products and services that we or our advertisers think our users might find of interest or useful. When we use your personal information in our marketing efforts, we provide you with choices (see "Opt-Out," below).
Information Sharing and Disclosure
We may share, license, or sell your information to third parties for various marketing purposes, including their online (e.g., email marketing) and offline (e.g., telemarketing, cell phone, text messaging (where and to the extent permitted by law), skip tracing and direct mail) marketing programs.
Without limiting the foregoing, by providing Registration Information on the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and the applicable state do-not-call regulations.
We may also transmit your personal information to advertisers and advertising brokers when you expressly consent to transmit that personal information by providing information requested on the Site in response to an offer. When you consent to transmit your personal information to an advertiser by providing information requested by the Site, and where you have indicated an interest to be contacted regarding applicable products, you also consent to being contacted by postal mail, fax, telephone or email to any of the addresses or numbers that you provide. The personal information transmitted to advertisers may include any of your Registration Information.
We may provide personal information, under confidentiality agreements, to third parties who work on behalf of, or with, Smiley Media to assist us in performing non-advertising functions necessary to operate our business, such as validation services.
In order to provide targeted advertising offers to you, we may on occasion supplement the personal information you submit to us with information from third-party sources:
We may use third-party services to verify your address and telephone number in order to ensure your eligibility to participate in certain advertising offers.
We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual customers, we may tie this information to the personally identifiable information they have provided to us.
We may pre-populate the forms on third party websites with your personal information Smiley Media. Smiley Media may not show all pre-populated forms to users. This personal information is not submitted to a third party website until you submit the personal information to that third party by responding in a way that indicates an interest in the applicable third party offer, such as clicking the applicable submit button.
A user's personal information, usage history, and other collected information may result in the presentation of specifically tailored special offers.
Aggregate Non-Identifying Statistical Reports
We may also produce aggregate reports for advertisers and other third parties. For example, we may report to advertisers and other third parties the number of users who clicked on an advertising offer, the average length of time users viewed a particular page on the Site or the number of users who visited different portions of the Site. These aggregate reports do not include personal information about users or any specific user's online usage patterns. We may also provide this aggregate information to third parties for performing optimization of the Site.
Information about our users including, without limitation, personal information, may be disclosed as part of a merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of Smiley Media's business assets (each, a "Business Transfer"). We will make reasonable efforts to notify all users of any Business Transfer, and any users so notified may choose to remove any of their Registration Information at that time.
How the Site Works
During use of the Site, you may be given the opportunity to sign up for special offers in the form of optional advertisements from our sponsors. If you are presented with such an optional advertisement, you can provide information or respond by activating a data entry element to indicate your interest in the offer. We may pre-populate the webpage of the offer with your personal data, which may then be supplied to the advertiser if you indicate your interest. When you indicate your interest, Smiley Media and its affiliates may share some or all of your Registration Information with the sponsors you selected. Do not indicate interest in an offer if you do not wish to send personal information to the advertiser or other provider of that offer. These advertisers may include, among others, direct marketing service providers for promotions, lookup and reference applications, and enhancement services.
Third Party Links
The Site may be presented in a frame that closely resembles the design of one of Smiley Media's partner websites. The Site may be presented in this manner to improve user experience by seamlessly integrating the Smiley Media Advertising Network into the originating website's design.
The Site may also contain frames within which third-party advertiser websites are presented. If users choose to interact with third-party advertiser websites presented within frames on the Smiley Media Advertising Network, any personal data submitted to those third-party advertiser websites will be governed by the third-party advertisers' privacy policies.
Law Enforcement; Protection of Safety; Enforcement of Terms of Service
Smiley Media may disclose users' personal information where we believe doing so is necessary or appropriate to: (a) comply with applicable law (e.g., to respond to subpoenas, court or administrative orders or legal process); (b) establish or exercise our legal rights or defend against legal claims; or, at our sole discretion (c) investigate, prevent or take action: (i) regarding illegal activities or suspected fraud; (ii) where we deem necessary to protect the safety of any individual or the public; (iii) to prevent the violation of the Smiley Media, Inc. Terms of Service ("Terms of Service"); or (iv) to protect the rights or property of Smiley Media or any third party.
Smiley Media also protects user information off-line. All of our users' information is restricted in our offices or data centers. Only employees who need the information to perform a specific job are granted passwords to access personally identifiable information. Furthermore, all employees are kept up-to-date on our written security and privacy practices. Our employees are regularly notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage.
In compliance with applicable federal and state law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via email in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage and to engage in remedial measures.
Smiley Media is committed to protecting the privacy of our users, and we will continue review and implement new technologies as necessary to maintain the security of our networks and servers.
Modifying or Deleting User Information
Users may, at any time, choose to modify or delete the information they have submitted to us. This may be done by the following method:
If you would like to modify or delete your personal information that we maintain, please contact us and state the information that you would like modified or deleted. We will accommodate your request within fourteen (14) days and may contact you to request additional information in connection with, or prior to, processing your request. Please note that, while your request may result in a modification or deletion of the stored copy of your data, this action will not be propagated to our advertisers. To change or delete the data our advertisers have received, you will need to contact them directly.
No Spam Policy
Smiley Media is opposed to unsolicited commercial email that violates applicable law. Smiley Media prohibits all users from engaging in any activity involving unsolicited email including, without limitation, from uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements or other forms of commercial solicitation on the Site or through the Services. Violations may result in immediate termination of the user's license to access the Site and the Services and/or legal action against any spammer.
Contacting Smiley Media
Smiley Media, Inc.
PO Box 356
Austin, TX 78767-0356
Your California Privacy Rights
Section 1798.83 of the California Civil Code allows consumers that reside in the State of California to know the third parties with whom Smiley Media shared their personal information for marketing purposes. The type of information and instances in which we share information are detailed above. However, if you would like to know the specific companies with whom we shared your personal information and exactly what information we shared, please click on the email link below, which will automatically create an email for you to send to us. In the body of that email, describe to us the information that you would like to receive. As an alternative, you may also send a written request for such information to the following address:
Smiley Media, Inc.
Attention: California Privacy Rights for Smiley Media
PO Box 356
Austin, TX 78767
Email link for California Privacy Request for Smiley Media: firstname.lastname@example.org.
If you have any further questions about your rights under this California State law, please send us your inquiry via the methods listed above.