Effective Date: September 12, 2006
Thank you for visiting the CToads™ website located at www.ctoads.com (the "Site"). The Site is an Internet property of Ctoads LLC ("CToads™," "we," "us"). CToads™ has created this privacy policy (the "Privacy Policy") in order to disclose our information gathering and dissemination practices. We understand the importance that Internet users place on privacy and have designed our Site with this in mind. CToads™ is fully committed to 100% permission-based marketing. You agree to this Privacy Policy, in its entirety, when you: 1) access or use our Site; 2) agree to receive e-mail from us; 3) register as an interactive member of the Site ("CToads™ Member"); 4) register as a content producer ("Content Producer") in order to post content for display and distribution on the CToads™ Network ("CToads™ Platform"); 5) register for one of our sweepstakes, promotional offers or contests (the "Contests"); 6) register as an enhanced member ("Lister") permitted to link to products, services, job listings, offers, requests, personals and other content ("Links") within the applicable area of the CToads™ Platform; and/or 7) purchase products, or register to purchase products ("CToads™ Buyer"), from the Site ("CToads™ Stores"). The Agreement is inclusive of the CToads™ Website Terms and Conditions ("Terms and Conditions") and any and all other applicable CToads™ operating rules, acceptable use policies, other policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference. Please review the Agreement carefully.
PLEASE BE ADVISED THAT IF YOU VISIT THE SITE ON THREE (3) SEPARATE OCCASIONS WITHOUT REGISTERING AS A CTOADS™ MEMBER, CONTENT PRODUCER OR LISTER, YOU WILL BE DENIED ACCESS TO THE SITE UNTIL SUCH TIME AS YOU REGISTER IN ONE OF THE AFOREMENTIONED CATEGORIES. PLEASE BE ADVISED THAT IF YOU RECEIVE E-MAIL FROM CTOADS™ AND YOU DO NOT OPEN SUCH E-MAIL WITHIN TEN (10) DAYS OF RECEIPT OF SAME, CTOADS™ MAY CANCEL ANY AND ALL OF YOUR CTOADS™ ACCOUNTS AND DENY YOU ACCESS TO THE SITE. IT IS THE SOLE RIGHT OF CTOADS™TO GRANT OR DENY ACCESS TO THE SITE TO ANYONE FOR ANY REASON WHATSOEVER, OR NONE AT ALL, WITH OR WITHOUT NOTICE.
This Privacy Policy will address the following:
1. What information this Site gathers/tracks about you.
2. What this Site does with the information it gathers/tracks.
3. With whom this Site shares the information it gathers/tracks.
4. This Site's opt-out policy.
5. This Site's policy on correcting and updating personally identifiable information.
6. This Site's policy on deactivating your name from our database.
If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please Click Here Please be advised that where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.
To accomplish our goal of fostering interaction between our Site's CToads™ Members and the Content Producers, as well as to enhance the end-user's experience and tailor content to our audience, we must gather personal information on the CToads™ Member application form which shall include, without limitation: 1) your name; 2) e-mail address; 3) street address; 4) zip code; 5) daytime, evening and/or cellular telephone numbers; 6) age; 7) and such other information as may be requested in the applicable registration form. The information that you submit in connection with this CToads™ Member application is voluntary, but certain information, as indicated on the registration form, is required if you would like to become a CToads™ Member.
Content Producer
In order to determine your eligibility for participation on the CToads™ Platform, we must review and process your Content Producer application form which shall request, without limitation, the following information: 1) your name; 2) e-mail address; 3) street address; 4) zip code; 5) daytime, evening and/or cellular telephone numbers; 6) date of birth; 7) credit card information; and 8) answers to various eligibility questions including, but not limited to, providing information concerning your content, where applicable. The information that you submit in connection with this Content Producer application is voluntary, but required if you would like to become a Content Producer.
Contests
From time-to-time our Site requests information from users via surveys and contests. Participation in these surveys and contests is completely voluntary and you, therefore, have a choice whether or not to disclose the information requested. Information requested may include, without limitation: 1) your name; 2) e-mail address; 3) street address; 4) zip code; 5) daytime, evening and/or cellular telephone numbers; 6) date of birth; and 7) information specific to the applicable Contest including, but not limited to, information associated with the applicable Contest's eligibility requirements.
CToads™ Stores
In order to register as a CToads™ Buyer and/or to process your orders for products and/or services from one of the CToads™ Stores and/or one of our third-party advertisers, in the event that CToads™ processes your order, we shall request certain information to effectuate the applicable sale including, without limitation: 1) your name; 2) e-mail address; 3) street address; 4) zip code; 5) daytime, evening and/or cellular telephone numbers; 6) date of birth; 7) credit card information; and 8) such information as requested by our third-party advertisers, where applicable.
In order to determine your eligibility as a Lister, we must review and process your Lister application form which shall request, without limitation, the following information: 1) your name; 2) e-mail address; 3) street address; 4) zip code; 5) daytime, evening and/or cellular telephone numbers; 6) date of birth; 7) credit card information; and 8) answers to various eligibility questions including, but not limited to, providing information concerning the products and/or services that you wish to link to, or other offers, content, job listings, requests or other material you wish to promote. The information that you submit in connection with this Lister application is voluntary, but required if you would like to be considered to become a Lister.
We may also collect your personally identifiable information when you otherwise agree to the terms of this Privacy Policy at the Site, but do not complete the full registration process or purchase process, as applicable. The aforementioned registration/application information, together with information regarding your transactions with CToads™ (which shall include, but is not limited to, your payment history) is referred to collectively herein as "Personal Information." CToads™ reserves the right to transfer and/or sell aggregate or group data about CToads™ users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of CToads™ users as a group without disclosing personally identifiable information. Subject to applicable state and federal law, by submitting your Personal Information to, and/or using the Site, you agree to allow CToads™ to transfer, rent and/or license such aggregate data to third-parties. Registrants for our Contests may receive e-mail confirming their registration with CToads™, subsequent entries in our Contests, as well as promotional marketing of commercial products and services.
We automatically track certain non-personally identifiable information based upon your behavior on the Site. This non-personally identifiable information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information and your IP address. Your Internet Protocol ("IP") address is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). For local area network ("LAN"), DSL or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Internet. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, the other websites that you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, as well.
We use the non-personally identifiable information that we collect to improve the design and content of our Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products and services.
We may share with third-parties certain Site usage information for the purpose of tracking the performance of the CToads™ Platform, CToads™ Stores, other Site functions and upgrading visitor information used in reporting statistics. For this purpose, we may track some of the pages that you visit at our Site through the use of pixel tags (also called clear gifs). By submitting information at and/or registering at the Site, you agree to allow us to share such Site usage information with third-parties.
We will use "cookies" to enhance and personalize your experience in using our Site, improve the content and offerings on our Site and to track the number of visits you have made to the Site. Please be advised that if you visit the site on three (3) separate occasions without registering as a CToads™ Member, Content Producer or Lister, you may be denied access to the Site until such time as you register in one of the aforementioned categories, in CToads™ sole discretion. Cookies are text files that we place in your computer's browser to store your preferences. To find out more about cookies, please visit www.cookiecentral.com. To disable and reject cookies, Click here. Even in the case where a user rejects a cookie after registering as a CToads™ Member, Content Producer or Lister, he or she may still use the Site; provided, however, that if a user disables cookie prior to registering in one of the aforementioned categories, access to the Site may be denied and/or use of the Site may be impaired.
Any Personal Information that you submit at the Site remains your property. However, by submitting that information to us, you grant to us the right to use your Personal Information, subject to applicable state and federal law, for any legal purpose including, without limitation: 1) directly providing your Personal Information to a third-party advertiser to effectuate a purchase from such third-party advertiser for products and/or services transacted through one of the CToads™ Stores; 2) marketing purposes, such as sharing or transferring your information with/to third-party advertisers; provided, however, that CToads™ may grant you the option to keep certain of the personal information that you submit private from third parties, where applicable ("Private Information"); 3) providing promotional offers to you by means of e-mail advertising, telemarketing, direct mail marketing, pop-ups, pop-unders and/or online banner advertising; 4) tracking compliance with our Terms and Conditions; and 5) for validation, suppression, content improvement and feedback purposes.
In addition, we may publish your User Name (as that term is defined in the Terms and Conditions), city of origin and state of origin as same are provided in the Registration Data ("Site Identifiers") in conjunction with any and all Feedback (as that term is defined hereinbelow) that you provide on the Site. Please be advised that CToads™ reserves the right to publish your Site Identifiers on the Site with your Feedback, and by submitting your Feedback and Site Identifiers you expressly authorize CToads™ to use your Feedback and Site Identifiers in such a manner.
Without limiting the generality of the foregoing, we reserve the right to share, license, rent, lease and/or otherwise distribute any and all Personal Information, other than the Private Information, with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third-parties may include, without limitation, providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation, and e-mail marketing. We may also use your Personal Information for any marketing and survey purpose on behalf of CToads™ and its affiliates and subsidiaries. CToads™ may disclose Personal Information to third-party agents and independent contractors that help us conduct our marketing and survey efforts. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site.
Without limiting the generality of the foregoing, by submitting your e-mail address at the Site, you agree to receive e-mail marketing from CToads™ and our third party advertisers. Notwithstanding the foregoing, we will not send you any e-mail marketing, or allow any third party to send you e-mail marketing, from which you cannot unsubscribe. CToads™, and our third party advertisers, may maintain separate e-mail lists for different purposes. If you wish to end your e-mail subscription to a particular list, you must follow the instructions contained in each e-mail correspondence that you receive from CToads™ or the applicable third party advertiser to unsubscribe from that particular list. To unsubscribe from all CToads™ e-mail lists, please follow the instructions set forth in the "Opt-Out/Unsubscribe" section below. We only send e-mail marketing to individuals that have agreed to receive e-mail from CToads™ and to individuals that have otherwise agreed, on third party websites, to receive e-mail marketing from other companies, such as CToads™. CToads™ does not send unsolicited commercial e-mail. As a result, certain statutes requiring particular formatting for unsolicited commercial e-mail may not be applicable to the commercial e-mail that is sent by CToads™.
You may choose to stop receiving future communications regarding products and services we may offer to you (see the "Opt-Out/Unsubscribe" section below), however we may be required to contact you thereafter regarding any order or purchase that you may make while on this Site.
Please be advised that if you opt-out from receiving e-mail directly from CToads™, CToads™ may cancel any and all of your CToads™ accounts and deny you access to the Site.
We also reserve the right to release current or past member/user information in the event that: a) we believe that the Site is being or has been used to commit unlawful acts; b) if the information is subpoenaed or otherwise required in a court proceeding; c) in the event that you violate or breach an agreement with the Site; d) we believe that you will harm the property or rights of CToads™ or those of CToads™ other customers; e) if we are sold or acquired; or f) when we otherwise deem it necessary or appropriate. By agreeing to this Privacy Policy, you hereby consent to disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the requirements of the CAN-SPAM Act of 2003, as amended from time to time ("CAN-SPAM").
Please be advised that if you receive e-mail from CToads™ and you do not open such e-mail within ten (10) days of receipt of same, CToads™ may cancel any and all of your CToads™ accounts and deny you access to the Site.
In addition, you agree that by submitting your Personal Information at the Site, such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). 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 ATSR. Moreover, by registering with, making a purchase or requesting information from, a third-party advertiser at or through the Site, such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of CAN-SPAM and the ATSR and, as such, you may be contacted via e-mail, direct mail and/or telephone by such third-party advertiser in accordance with CAN-SPAM and the ATSR.
To the extent that CToads™ collects the credit card-specific information that you supply, if ever, we will use the information to process and complete any transaction that you request. By submitting your credit card information to us, you authorize CToads™, where applicable, to verify that your credit card account continues to be a valid and active one by charging, and thereafter immediately crediting, a small sum to the card. Such verification may be conducted through a third-party and, in that case, CToads™ would have to make available your specific credit card information with this third-party for verification purposes. Apart from said uses, we will not share your credit card information with any third-parties (other than consumer credit agencies and third-parties whose products and/or services you have elected to purchase through the CToads™ Stores) without your prior informed consent. Notwithstanding the foregoing, CToads™ reserves the right to share with third-parties the fact that we have credit card information on file for specific users, but we will not share your specific credit card information with third-parties without your prior informed consent.
In addition to the aforementioned uses, by submitting your e-mail address at the Site, and by submitting comments, feedback and other content ("Feedback") by and through the CToads™ Platform and/or Interactive Services (as that term is defined in the Terms and Conditions) as either a CToads™ Member or Content Producer, you agree to receive e-mail updates from CToads™ concerning the Feedback or other topics discussed on the Site ("Group E-mails"). The Group E-mails shall be transmitted to selected portions of, or the entire, CToads™ database of CToads™ Members and Content Producers. Please be advised that CToads™ reserves the right to transmit your Feedback and your Site Identifiers by and through individual e-mail communications from the Site and/or Group E-mails, and by submitting your Feedback and User NameSite Identifiers you expressly authorize CToads™ to use your Feedback and User NameSite Identifiers in such a manner.
This Site may contain links to other third-party owned and/or operated websites. CToads™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and CToads™ has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of each of the third-party advertisers that may advertise at the Site. The entities that advertise and/or place banner ads at the Site including, but not limited to, these third-party advertisers, are independent third-parties and are not affiliated with us.
All collected information is stored in a technically and physically secure environment. When we ask users to enter sensitive information (such as credit card information, etc), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Other than the Site Identifiers: (i) Access to this information is strictly limited, and not accessible to the public.; and (ii) Aall of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Other than the Site Identifiers, o Only employees who need the information to perform a specific job (for example a customer service representative) are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all CToads™ user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, 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 e-mail 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.
Visitors under twenty-one (21) years of age are not allowed to participate in the Contests offered by CToads™. CToads™ does not knowingly solicit or collect information from visitors under twenty-one (21) years of age. CToads™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
During registration, application, purchase and/or when you otherwise submit Personal Information to us at the Site, you have opted-in and authorized us to share your Personal Information with third-parties for marketing purposes, and to share your Feedback and associated User Name by and through the individual e-mail communications from the Site and Group E-mails. To stop receiving future communications from CToads™ including, without limitation, the individual e-mail communications from the Site Group E-mails, please Click Here. To opt-out of having your information shared with third-parties, please Click Here. CToads™ uses Personal Information to provide promotional offers by e-mail to individuals. CToads™ may maintain separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from the particular list. To unsubscribe from all CToads™ e-mail lists, a person must e-mail unsubscribe@ctoads.com and write in the subject line: "REMOVE FROM ALL LISTS." Please be advised that CToads™ may revoke your CToads™ Membership if you elect to stop receiving individual e-mail communications from the Site, Group E-mails or other e-mail communications from CToads'™ third-party advertising partners.
CToads™ reserves the right to change or update this Privacy Policy at any time by posting a notice at the Site explaining that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, CToads™ will notify its users by posting the changes on the Site, and providing users with the opportunity to opt-out of the provisions relating to the transfer of their Personal Information. Other than where the user opts-out, the user's continued CToads™ Membership, Lister membership, Content Producer membership, use of the CToads™ Site, CToads™ Platform and/or continued receipt of CToads™ e-mails constitutes an affirmative acknowledgement and acceptance by the user of the modified Privacy Policy.
Personal Information supplied to CToads™ during registration can be modified by: 1) logging in to your CToads™ account; 2) clicking ALL ABOUT YOU; and 3) modifying any of the desired fields.
Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, read every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about this Privacy Policy or the practices of CToads™, please feel free to contact us at support@ctoads.com or Ctoads™ Contacts, 4570 Van Nuys Blvd. #118 Sherman Oaks, CA 91403.