Last Updated: September 24, 2009
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.
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.
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.
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
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 firstname.lastname@example.org 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 confidential. 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.
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.