Revised and Effective as of November 1, 2012
When you use our Services you may provide and we may collect what is generally called “personally identifiable” information, which may include your name, e-mail address, mailing address, phone number, demographic information and credit card information. For example, you may provide us with such personally identifiable information when you register for an account with us, post content using the Services, interact with other users of our Services through certain communication or messaging features, and/or send us customer service-related requests.
When you link your third party service account (e.g., your Facebook or Twitter account) to an account on one of our Services, we may store the applicable access credentials you provide, and we will have access to, and may collect any information you may have stored in connection with that third party service’s account that you have configured on such third party service account to make available to other services, including personally identifiable information and friends lists. By linking your third party service account(s) in this manner, you are authorizing us, as your agent, to access and use your account on those third party service(s) in connection with your use of our Services and as otherwise set forth herein.
Our Services may include location-based features, and to use our Services it may be necessary for us to collect location-based data from you. You will be given the opportunity to opt out of location-based data collection; opting to do so may limit your ability to use certain features of our Services. If you opt to allow the Services to collect your location-based data, we may collect such information that you provide to us and/or that which may be provided to us through information provided by your computer, mobile telephone, and/or other devices, which may include global positioning system information, your Internet Protocol address (“IP address”) or other device address or ID, and/or cell tower information.
When you use our Services, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer, mobile telephone, and/or other applicable devices. We may use session cookies and/or persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services. You may remove persistent cookies at your election. Please review your web browser’s “Help” file to learn the proper way to remove such cookies and/or to modify your web browser’s cookie settings. Please note that if you delete or choose not to accept cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.
When you use the Services or open one of our HTML e-mails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” Such “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, information regarding your internet usage history, including the addresses for web pages or sites that you visit before and/or after the Services, which of the Services you view and/or access, and the dates, times, frequency, and duration of your views and use of and/or access to the Services. Please note that this information is gathered for all users.
We may also implement third party content, such as advertising, on our Services that uses “clear gifs” or “web beacons” , which allow the third party content provider to read and write cookies to your browser in connection with your viewing of the third party content on our Services. This information is collected directly by the third party, and Fourth Wall Studios does not participate in that data transmission. Information collected by third parties in this manner is subject to that third party’s own data collection, use, and disclosure policies.
Your information is an integral part of our operations, and we used it in a variety of ways in providing the Services and operating our business. For example: We use the information that you provide or that we collect, to operate, maintain, enhance and provide all of the features of the Services. We will use all of the information that you provide of that we collect to understand and analyze the usages trends and preferences of our users, to improve the Services, and to create new features and functionality. We may use your e-mail address or other personal information: (a) to contact you for administrative and customer service purposes; (b) to address intellectual property infringement, right of privacy violations, libel and/or defamation concerns, and/or other matters related to the content you post on the Services; and/or (c) to send you promotional messages related to the Services and the activities of certain third party partners. Generally, you will have the ability to opt out of receiving any such communications, either through links provided in the messages and/or by updating your account preferences through the Services. We may use “cookies” information and “automatically collected” information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit, access, and/or use the Services; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of the Services and certain third party marketing activities; (d) monitor aggregate site usage metrics, such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
We are not in the business of selling your information! We do, however, disclose your personally identifiable information in a variety of circumstances in connection with providing the Services and the other operations of our business. For example, any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of any Service, such as a public profile page, a message to another user, and/or as part of content you post to one of the Services will be available to anyone who has access to that publicly accessible area of the Service, your messages to other users, and content posted by you to the Services, which may include other users, viewers, and those who access the Services. Any information you choose to make available through our Services to third party services, such as Twitter and Facebook, will also be available to anyone with access to that third party content. Once you make your personally identifiable information available in this way, it may be collected and used by the recipients without our ability to restrict such usage. We work with third-party service providers to provide website, application development, hosting, maintenance, and other services for us. To the extent it is necessary for these third-party service providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided. We make certain automatically collected and other aggregate non-personally identifiable information available to third parties: (a) to comply with various reporting obligations; (b) for business or marketing purposes; and/or (c) to assist such third parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services. We may also disclose your information: (a) when we are compelled by judicial order, court of law, and/or other governing body to do so; (b) when we are required and/or compelled by law to do so; (c) to comply with applicable state, federal, and international laws (e.g., federal and international copyright laws), a court order, judicial or other government subpoena or warrant; and/or (d) to cooperate with law enforcement activity in the interest of public health and/or safety. We also reserve the right to disclose your information in the event that such disclosure is appropriate, desirable, and/or necessary: (a) to protect us and our employees, officers, investors, shareholders, agents, representatives, contractors, partners, and/or the viewers, users, customers of the Services, and the public at-large from civil and/or criminal liability, fraud, abuse, and/or other unlawful activity; (b) as part of any inquiry, investigation, discovery, claim, law suit, arbitration, legal action, and/or appeal against any third party claim or allegation; (c) upon the request of and in order to assist applicable government enforcement agencies in connection with any of the aforementioned; (d) to protect the functionality, security, and/or integrity of the Services; and/or (e) to protect our rights, property, and/or interests, and the rights, property, interests, and personal safety of our employees, officers, investors, shareholders, agents, representatives, contractors, partners, and/or the viewers, users, customers of the Services, and the public at-large.
You may, of course, decline to share certain personally identifiable information with us, in which case we may not be able to provide to you some of the features and functionality of our Services. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Services. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Our Services may contain links to Web sites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on our Services. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.
The advertising networks that we work with may participate in the National Advertising Initiative (NAI) Consumer Opt-Out. The NAI Consumer Opt-Out allows consumers, like yourself, to opt-out of receiving advertisement that are tailored to the consumer’s web preferences or usage patterns (commonly referred to as “behavioral targeting” ) from participating advertising networks. For more information on the NAI Consumer Opt-Out please visit the NAI website at www.networkadvertising.org. Fourth Wall Studios makes no claim that our advertising networks participate or will continue to participate in the NAI Opt-Out or that by electing to use the NAI Consumer Opt-Out you will not receive advertising that used behavioral targeting.
Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 to use our Services or knowingly collect or maintain personally identifiable information from persons under 13 years-of-age, and no part of our Services is directed to persons under 13. If you are under 13 years-of-age, then please do not use or access our Services at any time or in any manner. If we learn that personally identifiable information of persons less than 13 years-of-age has been collected on our Services from persons under the age of 13 and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Service, then you may alert us at email@example.com and request that we delete that child’s personally identifiable information from our systems.
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on our Services and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at firstname.lastname@example.org.
The Services are hosted in and operated from, and are provided and intended for, users and visitors who access the Services from the United States of America and its territories. If you nonetheless choose to use or otherwise access the Services from any jurisdiction other than that controlled by the laws and regulations of the U.S.A., including, without limitation, from any member jurisdiction of the European Union, then please note that your use of and/or access to the Services from such jurisdiction indicates that you acknowledge, agree, and consent to the transfer to, and collection, storage, processing, use, and exploitation of your personally identifiable information by us, our servers, and our applicable third party partners in the U.S.A., and such transfer, collection, storage, processing, use, and exploitation of your personally identifiable information shall be governed solely by the applicable laws and regulations of the United States of American and the State of California, regardless of the applicable laws or regulations of the jurisdiction from where you use and/or access the services.
In the event that all or a portion of Fourth Wall Studios, Inc. or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.