|
POLICY OF FULCRUM DESIGN, LLC.
1. General.
Your privacy is important to us and we provide this notice explaining
our online information practices and the choices you can make about the collection
and use of the personal information you submit at this Website.
If you are visiting the Website from outside the United
States, please be advised that your personal data will be processed by Fulcrum Design
in the United States where data protection and privacy regulations may differ from
similar regulations in other countries. By using the Website, you consent to any
such transfer of information outside of your country if you are located outside
of the United States. Additionally, by using the Website, you consent to Fulcrum
Design using your personal information to contact you electronically, in writing,
or otherwise to provide notices relating to your use of the Website and to give
you information about the products and services offered by Fulcrum Design and its
affiliates. If you would like to opt out of future promotional materials from us,
you may indicate this preference by following the unsubscribe instructions at the
end of such communications from us.
2. Personally-Identifiable Information
In order to purchase products or services from Fulcrum Design,
we require that you provide us with certain personally identifiable information
(please see our terms and services for additional details). The types of personally
identifiable information that may be collected by Fulcrum Design through the Website
include, without limitation: name, address, e-mail address, cell phone number and
MSISDN (mobile station integrated services digital network number), credit card
and billing information, download history, texts, messages, customer generated content
and/or information about your interests in and use of various products, programs,
and services. Fulcrum Design will not collect any personally identifiable information
about you unless you provide it to us voluntarily.
Please know that you will retain ownership of any information
that you may include in your account and contact lists in order to identify recipients
of your messages through Fulcrum Design ’
s services, and Fulcrum Design will not use contact lists for its
own promotional campaigns or sell contact lists to third-parties, subject at all
times to Fulcrum Design ’ s
need to access and use such information in order to provide the services pursuant
to its Terms of Service and this Privacy Policy.
We may use such personally identifiable information to provide
the services that you have requested, to contact you about programs, products, features
or services in which we believe you may be interested (such as future promotional
materials), or for other purposes disclosed from time to time. We also may use your
personally identifiable information to contact you regarding your use of our Website
or changes to our Privacy Policy, Terms and Conditions or other policies or terms
that affect you and your use of our Website and services. In addition, we may use
information collected about our users to improve the content and navigation of our
Website, or for other internal purposes.
We may, from time to time, supplement the information we collect
from you with outside records (e.g., information we obtain from other companies,
including wireless providers) to enhance our ability to serve you, to tailor our
content to you, and to offer you opportunities to purchase products or services
that we believe may be of interest to you.
To fulfill your requests for products and services, we may share
the personally identifiable information you provide with your cell phone service
provider or their partner and subcontractor companies. Please know that this Privacy
Policy does not cover such entities use of information. To learn more about your
provider ’ s privacy practices,
you should consult its privacy policy.
In addition, we may disclose personally identifiable information
collected about you in the following instances:
A. Legal Action:
We may disclose information about our users, including personally
identifiable information; (i) when requested by governmental or quasi-governmental
authorities conducting an investigation; (ii) if required to do so by subpoena,
court order or legal process; (iii) to verify or enforce compliance with the policies
governing our Website and applicable laws; or (iv) to protect against misuse or
unauthorized use of our Website. We also may disclose user information whenever
we believe disclosure is necessary to limit our legal liability; to protect or defend
our rights or property; or protect the safety, rights, or property of our users.
B. Change in Control:
We may sell, transfer, or otherwise disclose user information,
including personally identifiable information, to a successor entity in connection
with a corporate merger, consolidation, the sale of substantially all assets, or
other corporate change respecting Fulcrum Design, the Website and/or the services
offered hereby. Except as stated
in this Privacy Policy, or as otherwise stated at the time personally-identifiable
information is gathered, Fulcrum Design will not provide personally-identifiable
information to third parties who are not under the direction and control of Fulcrum
Design.
3. Cookies
To enhance your experience with the Website, we may use "cookies"
on our Website. Cookies are alphanumeric identifiers that we transfer to your computer's
hard drive through your Web browser to enable our systems to recognize your browser
and to provide features. Cookies, by themselves, do not tell us your e-mail address
or other personally identifiable information unless you choose to provide this information
to us by, for example, registering at our Website. However, once you become a customer
and furnish the Website with personally identifiable information, this information
may be linked to the data stored in the cookie.
We use cookies to understand site usage and to improve the
content and offerings on our Website. For example, we may use cookies to personalize
your experience at our Website (e.g., to recognize you when you return to the Website).
With most internet browsers, you can erase cookies from your computer hard drive,
block all cookies, or receive a warning before a cookie is stored. Please consult
the "Help" section of your browser for more information. However, certain areas
of the Website can be accessed only in conjunction with cookies or similar devices
and you should be aware that disabling cookies or similar devices might prevent
you from accessing some of our content.
4. Children
The Website is not directed at individuals less than thirteen (13)
years of age, and Fulcrum Design does not intend to collect any personally-identifiable
information from such individuals, unless otherwise stated at the time such information
is collected.
5. Information Collected Automatically
Fulcrum Design may also (i) automatically collect non-personally-identifiable
information about your use of the Website, such as the domain from which you access
the Internet (for example, Comcast.net, if you are connecting from a Comcast account),
the date and time you access the Website, and the Internet address of the website
from which you linked directly to our Website; and (ii) use data capture and analysis
tools, and other similar tools, to extract, compile and analyze any non-personally
identifiable data or information resulting from your use of the Website and the
services offered thereon (collectively “Blind Data”). To the extent that any Blind
Data is collected by Fulcrum Design, such Blind Data shall be solely owned by Fulcrum
Design and may be used by Fulcrum Design for any lawful business purpose, including,
without limitation, analyzing and enhancing the Website and services offered hereby,
disclosing such Blind Data to third parties for a variety of purposes.
6. Links to Other Websites
The Website
may contain links to third party websites, whose information practices may be different
than Fulcrum Design
’
s. Visitors should consult such third-party sites
’
privacy
notices as Fulcrum Design does not have any control over information that is submitted
to, or collected by, these third parties. Fulcrum Design does not make any representations
or warranties as to the security of any information (including, without limitation,
credit card and other personal information) you might be requested to give any third
party.
These links are provided solely as a convenience to you and not as an endorsement
by Fulcrum Design of the contents on such third-party websites. Fulcrum Design cannot
ensure that you will be satisfied with any products or services that you purchase
from a third-party site that links to or from the Website, since these sites are
owned and operated by independent retailers.
Fulcrum Design is not responsible for the content of linked third-party sites and
does not make any representations regarding the content or accuracy of materials
on such third-party sites. Fulcrum Design has not taken any steps to confirm the
accuracy or reliability of any of the information contained in such third-party
sites. If you decide to access linked third-party sites, you do so at you own risk.
Fulcrum Design strongly encourages you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or off-line transaction with any
of these third parties.
7. Data Security
The importance
of security for all personally-identifiable information associated with visitors
to the Website
—
as well as
Fulcrum Design customer information, such as cell phone numbers, texts, messages
and other account data
—
is of utmost concern to Fulcrum Design, and we have implemented,
and periodically review, certain physical, electronic, and managerial procedures
to help prevent unauthorized access and maintain data security. Unfortunately, due
to the open nature of Internet communications, no data transmission over the Internet
can be guaranteed to be secure, and thus we cannot guarantee that communications
between you and Fulcrum Design will be free from unauthorized access by third parties.
Visitors of the Website and Fulcrum Design customers use the Website at their own
risk.
8. Your Acceptance
of These Terms
By accessing
the Website, you signify your assent to the Fulcrum Design Privacy Policy. If you
do not agree to this Privacy Policy, please do not access the Website. You should
visit this page periodically, as we may, from time to time, update this Privacy
Policy and such changes shall be effectively immediately upon posting on the Website
and without further notice to you. Your continued access to the Website following
the posting of changes to this Privacy Policy shall be deemed an acceptance of such
changes by you. Fulcrum Design will, however, use personally-identifiable information
only in accordance with the version of the Privacy Policy under which the information
was collected.
Questions/Concerns?
If you have
any questions, comments, or concerns regarding our Privacy Policy, please Contact
Us.
Last updated August 2011.
|
