383 Media Inc., the provider of this website (referred to as “us”, “we”, and “our”), is committed to protecting user privacy (referred to as “you” and “your”). This policy applies to information we obtain from individuals interacting with 383 Media, its websites, products, services, and applications, including without limitation online activities, phone contacts, offline contacts, and software reporting links (together referred to as “product”). This policy does not apply to information we obtain in our capacity as an employer.
This policy is available for your review through links on our websites, references in our end user license agreements and website terms and conditions, and incorporating it into other legal documents as necessary.
IMPORTANT: BY YOUR ACCESS AND/OR USE OF THIS PRODUCT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OUTLINED IN THIS POLICY AND THAT 383 MEDIA MAY COLLECT, TRANSMIT, STORE, DISCLOSE, AND ANALYZE INFORMATION AS DESCRIBED BELOW FOR THE PURPOSES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY DO NOT ACCESS OR USE ANY ASPECT OF THIS PRODUCT AND/OR CLOSE AND DELETE ANY PORTIONS OF THIS PRODUCT DOWNLOADED OR INSTALLED BY YOU.
1. The types of information we collect from you
There are two types of information that we collect about our users: Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“NPII”). Where the information is linked to your PII, that combined information is treated as PII.
- A. PII - refers to information that lets us know the specifics of who you are such as your name, address, email address, telephone, and other personal information.
- B. NPII - refers to information that does not in and of itself allow us to identify a specific individual such as your “log files” which tell us your IP address, which website your came from before ours or go to after, which browser you use, your browser language, the date and time of your requests, and the other similar activities. NPII may be analyzed and/or compiled on an aggregate or personal basis.
2. When and what information we collect from you
We may collect information from you when you: visit our websites; download or use our products; request service or support; and pay for products and services.
- Cookies – When you use our websites we may store cookies on your computer in order to facilitate and customize your use of our websites. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your web browser permits) that can be later retrieved to identify you to us. Our cookies consist of identification numbers only. We are able to look up information about your preferences, origin, and other information about you and your devices in order to save you time by eliminating the need to enter the same information repeatedly. You are always free to decline our cookies if your browser permits. However, some parts of our websites may not work properly and some services may not be available if you decline to accept our cookies. If a third party ad serving company is used to display advertisements on our websites they may, as a part of their service, place a separate cookie on your computer. However, these companies will not be given any of your PII without your consent.
- Log Files – 383 Media maintains log files of the traffic that visits our websites. For example, our servers may automatically record the information you or your browser send when you visit a website. Those log files may include information such as your requests, IP address, browser type, browser language, the date and time of your requests, and one or more cookies that may uniquely identify your system.
- Web Analytics Tools – 383 Media or third parties we have contracted or sub contracted may employ the use of website analytic tools. These tools help us understand and measure the effectiveness of our website and our advertising in various ways. For example, these tools may count the number of individuals who visit our website from a particular advertisement or who make a purchase from our website after viewing a particular advertisement or they may tell us when a web page is viewed and provide a description of the page where the tool is placed. To do so these tools may use a cookie or other tracking mechanism, or collect your IP address or user agent information (further defined below). You may be able to block this collection of information by denying cookies.
- Subscriptions– Our websites may make available news, offers, and information by subscription including emails, newsletters, and blogs. You may be asked for PII in relation to these subscriptions. The information you provide will be used to deliver the information you have requested through these subscriptions. We will not use this information for direct marketing purposes unless you agree also known as “opting in”. You are free to cancel your subscriptions at any time by clicking unsubscribe on the subscription or contacting us via the information provided herein.
- Contact Us Forms & Communications– There are many opportunities to contact us via our websites. There may be links that allow you to reach us by email, by clicking a report button, by requesting online support services, live chat and other similar activities. We may collect information according to the nature of the reason you have contacted us. For example, your email address and name if you ask for support via email in order to reply, your telephone number if you request a call back, or we may ask you to allow remote access to the software and your computer files to assess a solution to a technical support request.
- Other – 383 Media may also collect PII when you input such information on other parts of our website. For example, if you begin to register and/or download a product on our website but do not complete the action, you may be sent reminder communications that your action was not complete. By your initiation of such actions and use of our website, you consent to receive such communications.
- B. Download or Use our Products – Dependent on whether the product is a free, trial, or purchased version, 383 Media may collect different types of information from you. The products may access such information through submission or processes initiated in the products by you or through internal automatic scanning and assessment functions and may submit collected data to 383 Media or its affiliates via internal automatic submission functions.
- Limited Functionality and/or Duration Products – Typically, we do not require you to register PII (including but not limited to your first and last name, email address, and zip code) in order to download and use free or trial versions of our products for the applicable free or trial period. However, in some cases, particularly with full functionality trials, we may ask you to register PII before you can download and use the product. Later, when you download and run such products we may collect information such as your IP address and/or Media Access Control address, the Machine/Install ID of the computer on which the product is installed, preferred language, your user agent (information such as browser information, your operating system, plug-ins you have installed such as Flash, and computer type), devices you have attached to your computer, your hardware and software and have access to your entire system registry (which may include programs you have on your computer, user files, recent websites you have visited, browsing history, etc.) and other general statistical information.
- Purchased Products – Upon purchase of the product you will be asked to provide information such as your first and last name, email address, postal code, phone numbers, other contact information and your payment information to complete purchase of the product. Additionally, when you download and run such product we may collect information such as your IP address and/or Media Access Control address, the Machine/Install ID of the computer on which the product is installed, preferred languages, your user agent (information such as browser information, your operating system, plug-ins you have installed such as Flash, and computer type), devices you have attached to your computer, your hardware and software, status information about the installation or operation of the product, and have access to your entire registry (which may include programs you have on your computer, user files, recent websites you have visited, browsing history, etc.) and general statistical information.
- C. Request Service or Support – We may collect PII and NPII from you in the course of providing our services or support. We may ask you to provide information about your computer, your internet access or service provider, IP address, information about your hardware and software, URLs of sites you have visited, files stored on your computer, and information about senders and receivers of email messages, and other similar NPII. We may request PII such as names, home or work address, email address, telephone number, or other information by which we may identify you. This information may be collected from you verbally, from your computer, or by way of electronic communication (including communication between your computer and ours, automated communications, and email). In your quest for support we may also offer you the option of allowing one of our agents to take remote control of your computer wherein that agent will have access to your entire system.
3. How we use your information
Such information and access may be used depending on the product and to the extent permitted by law, including without limitation:
- -to deliver the services and support, or carry out, the transactions you have requested;
- -to send communications to you, such as product safety information, your status (for example, order confirmation, registration status, license expiration), information about products and services available from 383 Media and its corporate affiliates, promotional offers and surveys;
- -customize, analyze and improve our products, services (including the content and advertisements on our website), technologies, communications and relationship with you;
- -enforce our conditions of sale, website terms and/or separate contracts (if applicable) with you;
- -to track, analyze and publish reports on security risk trends using statistical information derived from the data
- -prevent fraud and other prohibited or illegal activities;
- -protect the security or integrity of our websites, our business, or our products or services; or
- -as otherwise reasonably necessary to ensure optimal product performance, meet your needs and/or requests, or as disclosed to you at the time of collection.
4. How our systems combine information and how we store, transfer, retain, and protect your information
- Our Systems – All PII is recorded in our ecommerce system and all NPII is stored in a separate tracking system. A user’s PII and NPII are linked by way of the fact that their information in both systems is categorized under the same unique identification number (UID). Due to the shared UID number in these systems, all information collected and stored in both systems is treated by 383 Media as PII. However, neither system is able to use nor automatically access the information stored in the other. Where the NPII collected is disassociated from the UID, the information collected is treated as NPII. Where such Mix Panel is a third party application utilized by 383 Media for the purpose of securely hosting Customer Relations Management (CRM). 383 Media analyzes data collected on an aggregate basis to optimize ecommerce flow and marketing campaigns.
- Storage of Your Information – Information that we collect may be stored and processed in the United States or any other country in which we, our subsidiaries, affiliates, contractors, representatives, agents, or resellers maintain such information. PII on our servers is only accessible from our physical premises, premises of our subsidiaries, affiliates, contractors, representatives, agents and authenticated networks and personnel. Access is limited to authorized personnel only, and company networks are password protected and subject to additional policies and procedures for security. By your use of our product you consent to any such transfer of information outside of your country.
- Data Transfer – Information may be transferred to the 383 Media group in the United States or other countries that may have less protective data protection laws than the region in which you are situated and be accessible by 383 Media employees or contractors exclusively to be used in accordance with the purposes outlined in this policy. For the same purposes the information may be shared with partners and vendors that process information on behalf of 383 Media, including, for instance, banking and credit card partners to process payments made by you on our site. 383 Media has taken steps so that the collected information, if transferred, receives an adequate level of protection.
- Data Retention – In general, 383 Media will retain your PII for as long as you are a user of our products and thereafter for internal reporting and reconciliation purposes as necessitated by legal requirements and to provide you with any feedback or information you might request or require. After this time period we may delete or de-identify the information from our systems. Please note that if we remove your PII from our systems as described above, because we keep track of past transactions, we cannot delete information associated with those transactions. Additionally, it may be impossible to completely delete your information because of our data backup processes.
- Security – We use administrative, technical, and physical safeguards to protect the information we maintain and ensure it is used in accordance to the terms of this policy. Our security controls are designed to restrict access to the information to authorized personnel only. We test our website for security vulnerabilities. When you make payment on our websites using your credit card, we use SSL encryption in the transmission to 383 Media of the credit card number.
5. How we share your information
We may share your PII with corporate affiliates to carry out transactions you request, or to make our products, business or that of our corporate affiliates more responsive to your needs which include our corporate affiliates providing you with information about 383 Media, and our products. We provide some of our services through contractual arrangements with affiliates, service providers, partners, and other third parties. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and provide your order information to third parties who help us provide customer service.
Subject to applicable laws, 383 Media reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of our product. This means that 383 Media will disclose your PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our product for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
Except as described above, we will not disclose your PII to third parties for their own marketing purposes unless you have provided consent.
6. Targeted Advertising
Some marketing you receive upon opting into to such advertising, including email marketing, may also be personalized based on your use and purchase of our products. In addition, when you click on some links in email marketing you receive; our email service provider may place a cookie on your browser. This cookie would be linked to your email address and used to gather information about the products and services you view and purchase on our websites. Information gathered may be used to personalize and customize future email marketing messages you receive. You may opt out of this use by clicking on the unsubscribe link provided in every personalized email marketing message you receive. Alternatively, you may be able to prevent such collection by declining cookies using your web browser.
7. Third-Party Websites and Services
Except as otherwise discussed in this policy, this document addresses only the use and disclosure of information we collect about and from you. We do not endorse, approve, or guarantee any third party sites or products. Third party sites or products accessible through our products have their own privacy policies, data collection, and use and disclosure practices. Please also be aware that, in providing services on 383 Media’s behalf, our business partners may collect personal information about you. Please contact these third parties if you have any questions as to their privacy practices. 383 Media shall not be held liable for any damage or loss arising out of your interactions with any third party.
8. How you can update or make changes to your personal information
We believe that you should have the ability to edit the PII that you have provided us. You may access and edit your account information by contacting us through the contact information provided herein. We encourage you to promptly update your PII if it changes. At this time 383 Media does not delete information collected from users.
9. How you can update your communication preferences
You may chose not to receive marketing communications from us by clicking on the unsubscribe link or following the instructions provided within those emails or contacting us using the contact information provided herein. If you choose to no longer receive marking communications, 383 Media may still communicate with you regarding such things as product updates and functionality, responses to service requests or other transaction related communications. Any marketing by 383 Media, or any third parties on behalf of 383 Media, will be conducted in accordance with applicable laws.
Please allow at least 10 business days for your email preferences to take effect. Because some promotions, such as direct mail catalogs, are developed in advance, you may sometimes receive solicitations after we receive your communication preference request.
10. Collection and Use of Children’s Information – 383 Media takes children’s privacy seriously. We do not knowingly collect, use or disclose personal information from children under the age of 13 through our websites. If you are under 18 years of age or the age of majority in your jurisdiction, please do not submit any personal information through our websites without the express consent and participation of a parent or guardian.
11. Updating the Privacy Notice
12. Contact Us
The preferred method for you to contact us is via our Contact Us form on our Site. In the alternative, you may reach us at:
- BY EMAIL:
- BY TELEPHONE:
1 (925) 892-3044. (Business Hours: M-F 9am-5pm Pacific Standard Time)
International: +1 (925) 892-3044 (check your local telephone company for estimated charges)
- BY MAIL:
Attn. Privacy Officer
383 Media Inc.
4683 Chabot Drive, Suite 350
Pleasanton, CA, 94588
Effective Date: 11/21/2014