(Effective October 31, 2002; last modified October 09, 2009)
Use of This Site by Children
1. What Information We Collect
UltraStar gathers two basic types of information through the Site: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”). PII is information that identifies or can identify you as an individual (such as residential address, telephone number, or billing information) and Non-PII is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.
a. Non-Personally Identifiable Information –When you visit and interact with the Site, UltraStar and third parties with whom UltraStar has contracted to provide services to UltraStar may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is anonymous and does not identify you personally. Non-PII is generally collected through the Site from four different sources: Internet protocol addresses and web logs; cookies; pixel tags and other similar technologies; and other Non-PII that you voluntarily provide (as explained below).
i. IP Protocol Addresses and Web Logs – This Site’s web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. 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. This information is collected in an aggregate form only and does not contain any PII. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
iii. Pixel Tags – We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags do not contain any PII and allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened.
iv. Information You Voluntarily Provide – We may also collect certain information (e.g., your geographic location, your genre preferences etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
b. Personally Identifiable Information –You may use many features of this Site without providing any PII. However, in order to take advantage of particular opportunities made available through the Site (for example, to access additional services provided by this Site such as concert updates, chat room forums and/or personalized content) we may require that you furnish PII to us such as: your name, postal address, telephone number, fax number email address, age, gender, credit card number or other payment account number and health-related information (for example, physically disabled seating requests). We collect PII from you through the Site only when you voluntarily provide it.
If you become a member of the Club, you should note that when you complete your member profile, this information can be viewed by other members. Accordingly, you should not provide any information in your member profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained therein. You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of our visitors. If you disclose PII in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
2. How Information We Collect Is Used
a. Non-Personally Identifiable Information – Because Non-PII does not personally identify you, we may use such information for any purpose. For example, we may use Non-PII to measure the number of visits, average time spent on the Site and pages viewed as well as to diagnose problems with our servers and to administer the Site. We may then use this information to analyze and improve the features and functionality of this Site. We may use non-PII information about you and other Site visitors on an aggregate basis to sell and deliver advertising, promotions and content that we believe will be of interest to you. In addition, we reserve the right to share such Non-PII, which does not personally identify you, with third parties, for any purpose. For example, we may share information with advertisers or other third parties that are not part of the UltraStar family on an aggregate or other basis that does not disclose any of your PII. In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated as PII as long as it is so combined. This “combined” PII is not shared with third parties, except as described in this Policy.
b. Personally Identifiable Information
i. Site: We may use PII you give us to better tailor your website experience to your interests, and to show you content in which you may be interested and to display the content according to your preferences. We may also share your PII within the UltraStar business family in order to enhance your experience on other UltraStar websites. To the extent we do so, we make sure that your PII receives the same level of protection throughout the UltraStar business family. Please note that such sharing may involve the collection use, storage, or disclosure of PII outside the United States of America.
ii. Communications: If you choose to opt-in, we may use your PII to send you information about the Club, UltraStar and its services as well as promotional material on behalf of some of our partners. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please see the “Opt-In Policy” section below.
iv. Fulfillment of Requests: UltraStar may use your PII to fulfill the purpose for which such PII was provided (e.g., to confirm your registration or fulfill your purchase).
v. Facilitation of Transactions: Please note that, at times, forms on the Site may be pre-populated with your PII in order to facilitate a transaction between you and UltraStar.
vi. Internal Business Purposes: We may also use your PII for our internal business purposes, such as to target advertising, for data analysis, for audits and for other internal purposes.
vii. Shopping/Commercial Services: This Site may offer merchandise and/or ticket purchase services, which may be offered by us or by one of our e-commerce partners. To the extent the merchandise and/or ticket purchase services are offered by one of our e-commerce partners, such e-commerce partner will be collecting and using the PII you provide. For more information regarding your transactions with our e-commerce partners, please refer to Section 4(b) below.
To the extent UltraStar is the entity offering the purchase services, when you make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address and other information related to such purchase (collectively, “Payment Information”) from you. We will use the Payment Information that you provide to bill you for your purchase and to fulfill your purchase. By providing your Payment Information, you are authorizing us to give that information to third parties as necessary to confirm and fulfill your order (for example, to process your credit card or payment account number and to send you products you have ordered).
viii. Email This to a Friend: The Site may allow you to forward certain items posted on Site or links to Site features by email or Instant Messenger to other parties who you believe may be interested. If you wish to use this feature, you may provide us with such other party’s email address or Instant Messenger screen name so that we can facilitate your sending of such message to such other party. To do so, any PII you provide in connection with sending such other party the message, such as your name and your email address or Instant Messenger screen name, will, of course, be disclosed to such other party. While, due to technical restrictions, the recipient’s email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties and we do not use this PII for any purpose except to send this message (unless the recipient has already consented to such use of his/her PII).
3. How Personally Identifiable Information We Collect Is Disclosed
a. Affiliate Communications: If you choose to opt-in, we may share your PII with our affiliates so that they may send you announcements and notifications of events, products or services that might be of interest to you. For further information, please see the “Opt-In Policy” section below.
b. Third Party Communications: If you choose to opt-in, we may also share your PII with third parties to allow such third parties to send promotional communications to you. For further information, please see the “Opt-In Policy” section below.
c. UltraStar Service Providers: We work with third parties who provide services including but not limited to data analysis, order fulfillment, credit card processing and other services of an administrative nature. If you use our services, we reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services. We take reasonable steps to ensure these third parties treat PII in a manner comparable to how we do so.
In the event that you encounter any Site user who you believe is improperly collecting or using information about you or other users, please visit our Help Page to send us an email about such collection or use.
g. Assignment: We reserve the right to transfer any and all information that we collect from users of the Site to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of UltraStar’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
4. Collection of Information By Third Parties
c. Third Party Advertising – The ads appearing on this Site are delivered to you by our web advertising partner. Non-PII about your visits to this Site, such as number of times you have viewed an ad, is used to serve ads to you. In the course of serving advertisements to this Site, our third-party advertiser may place or recognize a unique cookie on your browser.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
5. Opt-In Policy
a. UltraStar Communications – When you supply UltraStar with PII, from time-to-time, in UltraStar’s discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site, the Club, UltraStar and/or our advertisers and partners. If you do choose to opt-in to receive such communications, we may, from time to time, send you marketing communications. If at any time you change your mind and no longer wish to receive marketing communications from us, you may opt-out of such marketing communications by either: • Using the link provided in our newsletters or commercial email messages to opt-out of receiving further marketing communications from us; or • Changing your contact preference to “Do Not Contact Me” at any time by using the “Ask a Question” tab on our Help Page. If you decide to contact us to change your contact preference to “Do Not Contact Me”, UltraStar will implement this change in a reasonable time frame. Please be aware that your requested change will not be effective until UltraStar implements such change, and such requests will be implemented only in connection with your Site profile, and will not impact any preferences you may have made to any other site controlled, owned or operated by UltraStar or its affiliates.
b. Affiliate and Third Party Communications – From time-to-time in UltraStar’s discretion, you may be provided with the opportunity to opt-in to receive offers directly from UltraStar, our affiliates and/or from third parties. If you do choose to accept any such offer(s), any PII provided to UltraStar for such purposes may be shared with our affiliates and such third-party partner(s), to allow our affiliates and/or such third parties to provide you with such offers. If you change your mind and would prefer that we no longer share your PII with our affiliates and/or with third parties for their marketing purposes, you may opt-out of such future sharing at any time by using the “Ask a Question” tab on our Help Page, and specifying which choice you are opting out from, provided however, you may not be able to opt out of certain third party offers that are displayed on our Site.
c. Allowing UltraStar to share PII with affiliates for their marketing purposes and/or Allowing UltraStar to share PII with third-party companies for their marketing purposes – Please note that if you opt-out as described above, (i) we will not be able to remove your PII from the databases of affiliates or third parties with which we have already shared your PII (i.e., to which we have already provided your PII as of the date that we implement your opt-out request), therefore you must contact such affiliates or third parties directly in order to opt-out of further marketing communications made directly from them or utilize the opt-out mechanisms set forth in their respective privacy policies or marketing messages; and (ii) you may still be presented new offers from UltraStar and/or its affiliates or third parties while you are within the Site, including offers from those third parties which you have opted-out of receiving direct offers; but in connection with each new offer within the Site you will have the right not to accept such offers. In the event you receive an offer from a third party through our Site, but choose not to accept it, your PII will not be shared.
6. Accessing, Updating or Deleting Information Collected About You
This Site also gives you the opportunity to modify or remove PII that you have provided to us by way of this Site. You may do so by modifying your password-protected registered user information on the Site. To the extent that such information is stored in our databases, we will respond to your changes as soon as reasonably possible, although 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. To the extent that such information is not stored in our databases, we cannot always ensure that these corrections or deletions will reach such other databases in a timely manner.
7. Security of Your PII
UltraStar employs reasonable security measures consistent with standard industry practice, for PII collected through this Site, including physical, electronic and operational measures to maintain security and prevent unauthorized access. While UltraStar takes all appropriate steps to safeguard PII under our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be 100% secure. As such, we cannot guarantee that PII supplied by users will not be accessed on our servers, or intercepted while being transmitted to us over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers. If you have reason to believe that there has been any breach of the security of the Site, please contact us at email@example.com.
Please remember that security of the username and password you create when you register with the Site is your responsibility; we recommend that you do not share them with anyone. If you share your username and password, you are providing access to your PII. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify UltraStar of any unauthorized use of your username or password.
8. Offline vs. Online practices
9. Contacting UltraStar Regarding this Site
If you have any questions concerning this Policy, you may send them by email to our Privacy Officer at firstname.lastname@example.org. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
10. Access to Your PII
We appreciate your assistance in keeping your PII up to date and accurate. You are entitled to access, verify, amend and/or correct your PII collected by UltraStar. You are encouraged to contact our Privacy Officer at email@example.com, or the above postal address to verify, correct or update your PII.
If you have a concern regarding the collection, use or disclosure of your PII by UltraStar, please contact our Privacy Officer. Your concern will be investigated and you will be notified as soon as possible of the outcome of the investigation and any action required as a result.
Warning About Online Disclosure of Information
If you are a member of nickelbackfanclub.com, you should note that when you complete your “Member Profile,” this information can be viewed by other members. Accordingly, you should not provide any information in your Member Profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained within it. You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of our visitors. If you disclose Personal Information in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
Opinions, Questions and Comments
If you send us your opinions, questions or comments, they may require personal information for a response. Please do not submit any unsolicited or unique creative ideas, drawings or other materials, which we cannot accept as a matter of policy.
Updating Your Personal Information and Opting Out
Games, Contests, Sweepstakes and Certain Promotions
Should we or our business partners sponsor online games, contests or sweepstakes, or certain promotions, the specific rules and regulations will vary. Your participation will constitute your agreement to abide by those rules and regulations. We will use the information you provide when we fulfill a prize. If you reside in the United States and are older than 12 but younger than 18 years of age, we will ask you for information to contact your parent or guardian at the time of registration, and if you win, he or she will be sent an e-mail with information about the game, contest, sweepstakes or promotion in question and about your award. Your parent or guardian will then have a chance to “opt out” of collecting your prize on your behalf, in which case the prize will not be awarded. Persons who are not residents of the United States and under the age of 18 are not eligible to make use of our site, and accordingly, they cannot participate in games, contests, sweepstakes, or promotions. (See above.)