BeFunky Privacy Policy

Last Updated: September 24, 2009

This Privacy Policy describes how BeFunky, Inc. ("BeFunky," "We," "Us," or "Our") protects your privacy when you use the Web site located at www.befunky.com (the "Site").

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE THE SITE.

This Privacy Policy applies to information (including, personal information) collected through the Site. For the purpose of this Privacy Policy, "personal information" means information that identifies you personally, either alone or in combination with other information available to us. This Privacy Policy is part of and incorporated into BeFunky's Terms of Service.


BEFUNKY'S PRIVACY PLEDGE TO YOU

1.We are committed to protecting your privacy while allowing you to use the Site.
2.You may add, delete or modify your personal information at any time.
3.Subject to your permission or as specifically stated in this Privacy Policy, we will not sell, exchange or otherwise share your personal information with third parties.
4.We do not send spam, maintain spam mailing lists or support the activities of spammers.


WHAT PERSONAL INFORMATION DO WE COLLECT ON THE SITE AND HOW WE COLLECT IT

Active Collection of Information
Personal information may be collected in a number of ways when you visit the Site or use any of the products or services offered via the Site. We may collect certain information that you voluntarily provide to us which may contain personal information. For example, we may collect your name, email address, user name, telephone number, credit card account number when you register, set up an account, contact us by e-mail or use our products or services.

From time-to-time we may also collect personal information you provide in connection with your participation in surveys, sweepstakes, contests, promotional offers, and other activities on the Site.

We may also collect photos you upload to the Site, which, at your election, can only be seen by:
(i) BeFunky and you; or (ii) any visitor to the Site.

When you use our email support services, we collect your correspondence in order to build up a public knowledge base, which will be available to all users of the Site. Your correspondence will probably not be used verbatim, but likely paraphrased in an FAQ format.


Passive Collection of Information

When you visit the Site, some information may be automatically collected. For example, it is standard for your Web browser to automatically send information to every Web site you visit including ours. Such information includes your computer's Internet Protocol ("IP") address, access times, browser type and language, and referring Web site addresses. We may also collect information about your computer's operating system and information about your usage and activity on the Site.


Cookies

We may automatically collect certain information through the use of "cookies." Cookies are small data files that are stored on your hard drive by a Web site. Among other things, the use of cookies helps us to improve the Site and your experience on the Site. We use cookies to see which areas and features of the Site are most popular, to count the number of computers accessing the Site, to personalize your experience and to remember your preferences. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services of the Sites.


Web Beacons

Web beacons, also known as gifs, are electronic images that may be used on the Site or in our emails. A Web beacon may be used on our Web pages to collect information, deliver cookies, count visits, compile statistics on usage and campaign effectiveness and in our emails to tell if an email has been opened and acted upon.

STORAGE OF INFORMATION & TRANSFER OF DATA ABROAD

Most of the information we collect is retained by us in our database, except credit card information is never stored on our servers for an extended period. Instead, credit card information is stored using a feature provided by certain of our vendors.

If you are visiting the Site from a country other than the country in which our Web servers are located (currently United States of America) the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Site and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Privacy Policy.

HOW DO WE USE YOUR PERSONAL INFORMATION

We use the information collected through the Site: (i) to communicate with you; (ii) to process your requests and transactions; (iii) to improve the Site; (iv) to customize the services and/or products we provide to you; (v) to assist with our product and service development; (vi) to perform marketing analysis; and (v) for other purposes related to our business.

Also, we may use the information we have collected together with information collected by a partner, advertiser or other person/entity with whom you or we do business.


WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION

We share information collected through the Site with companies and organizations that perform services on our behalf. For example, we share credit card numbers with our credit payment processing vendor. This sharing is only done for transactional purposes, and the information is not used by these parties for anything other than providing specific services to us.Also, we may disclose the personal information we collect through the Site when we, in good faith, believe disclosure is appropriate to: (i) comply with applicable law (or a court order or subpoena); (ii) prevent or investigate a possible crime, such as fraud or identity theft; (iii) enforce the Terms of Service or other agreements that govern your use of the Site and/or our services; (iv) to protect the rights, property or safety of us, our users or others; or (v) to protect your vital interests. Personal information submitted to the Site or collected by us is our asset and will become part of our normal business records. Your personal information and other data collected by us may be transferred to another company that has acquired our stock or assets, for example, as a result of a sale, merger, reorganization, dissolution or liquidation. If such a transfer occurs, the acquiring company's use of your personal information will still be subject to this Privacy Policy, and the privacy preferences you have expressed to us.

YOUR PHOTOS

When you visit the Site you may upload your photos ("Raw Photos") to the Site so that you may use the BeFunky photo effects on your Raw Photos. Once one of your Raw Photos has undergone the BeFunky photo effects (a "BeFunky Image"), you may, subject to the terms and conditions set forth in the Terms of Service, elect to:

(i) Keep your BeFunky Image private on the Site - Users of the Site will not be able to view your BeFunky Image, but you are able to share your BeFunky Image with others.

(ii) Make your BeFunky Image available to the public on the Site - Users of the Site will be able to view your BeFunky Image.

If you make your BeFunky Image available to the public on the Site, BeFunky has the right to use your BeFunky Image: (i) anywhere on the Site (including, but not limited, displaying your BeFunky Image on BeFunky's Editors Choice page); (ii) in BeFunky's marketing and promotional materials; and (iii) as otherwise elected by BeFunky.

For further details with respect to your Raw Photos and your BeFunky Images, please see the Terms of Service.


MODIFYING YOUR INFORMATION; OPT-OUT / OUT-IN

We respect your right to make choices about the ways we collect, use and disclose your personal information. You may update or modify your information or change your privacy preferences at any time by emailing us at privacy@befunky.com or, in some instances, via the Site.

You may "opt-out" of receiving promotional emails from us by following the instructions in those emails. You may also send requests relating to promotional communications and other uses of your information by visiting our query page at Contact Us. Opt-out requests will not apply to transactional service communications including, but not limited to, messages about your registration.


SECURITY OF YOUR PERSONAL INFORMATION

We take reasonable security measures to protect your personal information (including, preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information). Please be aware, however, that despite our efforts, no security measures are impenetrable.

If you use a password on the Site, you are responsible for keeping it confidntial. Do not share it with any other person. If you believe your password has been misused, please advise us immediately.


CHOICES ABOUT USE OF YOUR INFORMATION

You may "opt-out" of receiving promotional emails from BeFunky by following the instructions in those emails. You may also send requests relating to promotional communications and other uses of your information by visiting our query page at Contact Us. Opt-out requests will not apply to transactional service communications including, but not limited to, messages about your registration.


MINORS

THIS SITE IS NOT MEANT FOR MINORS. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Site is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Site to children under 13.

We may not intend to collect or solicit information from people who are minors. However, as a condition of use for minors in those countries or regions where information gathering from minors is considered illegal, guardians will be responsible for accompanying minors for prevention of any unexpected circumstances when they access the Site.


CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time-to-time. If we make any changes to this Privacy Policy, we will change the "Last Updated" date above. We encourage you to review this Privacy Policy whenever you visit the Site to understand how your personal information is used.


QUESTIONS

If you have any questions about this Privacy Policy, please visit our query page at Contact Us.

 


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