STICKAM™ PRIVACY POLICY
1. Introduction
1.1 Purpose of Policy
Advanced Video Communications ("AVC," "us" or "we")
is committed to respecting the privacy rights of its members, visitors, and
other users (collectively, "members," "you" or "users")
of its Stickam, and PayPerLive websites [hereinafter collectively referred to as
"Stickam"] This Stickam Privacy Policy is provided to help you make an
informed decision whether to continue to visit and use Stickam, and to demonstrate
our commitment to fair information practices and the protection of privacy. This
policy is only applicable to Stickam, and not to any other websites that you may
be able to access from Stickam, each of which may have data collection and use
practices and policies that differ materially from this Privacy Policy.
This Privacy Policy is incorporated into and subject to the Stickam Terms of
Service. Both the Privacy Policy and the Terms of Service govern your interaction
with Stickam, and your registration for and use of Stickam.
1.2 About the Service
The Stickam website [www.stickam.com] is a web-based interactive multimedia
communications service that allows members to interact and communicate with the
Stickam community over the Internet by sharing their own media content and personal
information. The PayPerLive website [www.payperlive.com] is a venue provided by
AVC where Stickam Members who have registered for the PayPerLive service can sell
access to their content. Some of the Stickam services require registration.
To utilize Stickam’s registration based services, each Stickam user must become
a registered Member by creating his or her own profile, which contains Personal
Information (defined further in Section 2.1(b) below) that the member chooses to
include. Such Personal Information includes, but is not limited to, the member’s
name, age, location, and other similar personal information; it may also include
shared content uploaded by the member to Stickam, such as photographs, video and
audio files, which may contain the member’s Personal Information and likeness.
1.3 Notice Concerning Children
PLEASE NOTE: Stickam and any products or services provided
therein are limited to audiences fourteen (14) years old or older. Stickam does
not direct any content specifically at children. If we learn or have reason to
suspect that a user is underage, we will promptly delete any Personal Information
in that user’s account.
2. Information Collection Practices
2.1 Types of Information Collected
AVC collects the following types of information about users:
(a) Non-Personal Information. When you use Stickam, our servers automatically
record information that your browser sends whenever you visit any website.
These server logs automatically track and collect the following categories of
information when you visit our websites: 1. IP Addresses; 2. domain servers;
3. types of computers accessing the website; and 4. types of web browsers
used to access the website (collectively "Traffic Data"). Traffic Data is
anonymous information that does not personally identify you but is helpful
for marketing purposes or for improving your experience on Stickam. We also
use "cookies" (defined in Section 2.3 below) in order to customize content
specific to your interests, to ensure that you do not see the same advertisement
repeatedly, to store your password so you do not have to re-enter it each time
you visit the site, and to restrict the access of users who have violated
our Terms of Service.
(b) Personal Information. In order for you to access certain services that
we offer via Stickam (including Membership registration, and the use of
chat rooms and message boards), we require you to provide us with certain
information that personally identifies you ("Personal Information").
Personal Information includes the following categories of information:
1. Contact Data (such as your name, mailing address, e-mail address);
2. Demographic Data (such as your gender, age, occupation, location, and
marital status); and 3. And Profile Data (such as your Member name, interests,
and Content uploaded by you to Stickam, such as photographs, video and audio
files, which may also contain your personal information and likeness).
Additionally, if you communicate with us by e-mail, use any of the Stickam
communication tools such as instant messaging, and video chat, or post messages
to any of our chat groups, bulletin boards, or forums, or otherwise complete
online forms, surveys, or contest entries, any information provided in such
communication may be collected as Personal Information. If you are a
PayPerLive Host (seller), we will collect your credit card information.
We do not collect credit card information of PayPerLive buyers.
2.2 Use and Sharing of Information
(a) AVC Use of Personal Information. AVC uses your Personal Information
internally in order to promote and operate Stickam, and to introduce users
to new features, areas or content of Stickam. For example, we use your
Demographic and Profile Data to customize and tailor your experience on Stickam
and/or services, displaying content that we think you might be interested in
and according to your preferences. In addition, we use Contact Data to send
you information about our Company or our products or services, or family-friendly
promotional material from some of our partners, affiliates, or to contact
you when necessary.
(b) Sharing of Non-Personal Information with Third Parties. We may share aggregate
Traffic Data with third parties who assist us in understanding the needs of our
Members and users, and to continually improve Stickam for them. We share Demographic
Data with advertisers and other third parties only on an aggregate (i.e.,
non-personally-identifiable) basis.
(c) Sharing of Personal Information with Third Parties. We share Contact Data
with PayPerLive Hosts (sellers) with whom you have transacted business with.
We also share Contact Data with our contractors who assist us by performing core
services (such as hosting, data storage and security) related to our operation
of the Stickam. Those affiliate companies and contractors have all agreed to
uphold the same standards of security and confidentiality that we have promised
to you in this Privacy Policy, and they will only use your Contact Data and other
Personal Information as necessary to carry out their specific contractual
obligations to AVC. If you are a PayPerLive Host (seller), we will disclose your
credit card information to those companies that AVC uses to authorize and process
credit card payments. Your credit card information will never be intentionally
disclosed to any other Member or third party.
(d) Display of Personal Information. Any Personal Information (including video
content) that you Post or otherwise disclose on Stickam (for example, on message
boards or chat rooms, or within your personal profile page) becomes publicly
available and can be collected and used by others. Your account name and other
profile information (but not your email address) is displayed to other internet
users when you upload videos or send messages through Stickam, and you can be
contacted by other users who send you comments. Any videos or other content that
you submit to Stickam (including any Personal Information contained therein) may
be distributed through the internet and other media.
(e) E-mail Invitations. Members can invite friends to join Stickam by sending
invitations via our automated invitation system. Stickam stores the email addresses
that members provide so that the respondents may be added to the friend’s list of
the member sending the invitations. Recipients of invitations from Stickam may
contact AVC to request the removal of their information from our database.
Other Uses of Traffic Data and Personal Information. We may provide Traffic Data
and Personal Information in response to subpoenas, court orders, or other legal
process, or to establish or exercise our legal rights or defend against legal
claims, and we reserve the right to cooperate with law enforcement investigations
by providing Traffic Data and Personal Information to law enforcement officials
without requiring a subpoena or court order in certain situations (for example,
in case of threats to our Members).
2.3 Use of Cookies.
When you visit Stickam, we may send one or more cookies - a small text file
containing a string of alphanumeric characters - to your computer that uniquely
identifies your browser. We use both session cookies and persistent cookies.
A persistent cookie remains after you close your browser. Persistent cookies may
be used by your browser on subsequent visits to the site. Persistent cookies can
be removed by following your web browser help file directions. A session cookie
is temporary and disappears after you close your browser. You can reset your web
browser to refuse all cookies or to indicate when a cookie is being sent. However,
some features of Stickam may not function properly if the ability to accept
cookies is disabled.
2.4 User Choice Regarding Collection, Use, and Distribution of Personal
Information.
You may choose not to provide us with any Personal Information. In such an
event, you will not be able to complete our Membership registration, or access
and use those portions of Stickam that require your Personal Information.
If you do not wish to receive information and promotional material from us
or from our affiliate companies, you may select the appropriate "opt-out" option.
3. Confidentiality and Security of Personal Information
We will keep your Personal Information private and will not share it with third
parties, except as otherwise provided in this Privacy Policy, or unless such
disclosure is necessary to: (a) comply with a court order or other legal process;
(b) protect our rights or property, or the safety, rights or property of Stickam
users; or (c) enforce our Terms of Service and other guidelines available on Stickam
and/or services. Your Personal Information is stored on secure servers, and AVC takes
reasonable measures to protect such information from disclosure to or access by third
parties. Please note that AVC does not guarantee the security of member account
information or Personal Information, and there is always some risk that an unauthorized
third party may find a way around our security systems or that transmissions of your
information over the internet will be intercepted.
3.1 User Ability to Access, Update, and Correct Personal Information.
You are solely responsible for ensuring the accuracy of the Personal Information
or other account information you submit to Stickam. Inaccurate information
will affect the services you receive when using Stickam and our ability to
contact you.
We maintain a procedure in order to help you confirm that your Personal
Information remains correct and up-to-date. At any time, you may visit your
personal profile in order to: (a) review and update your Personal Information;
(b) choose whether or not you wish to receive promotional material from us or
some of our partners.
3.2 Lost or Stolen Information
You must promptly notify us if your user account ID, or password is or you have
cause to believe has been lost, stolen, or used without permission. In such an event,
we will remove that user account ID, or password from your account and update our
records accordingly.
3.3 Links and Public Information
For your convenience, Stickam contains links to other third party websites.
We do not endorse and are not responsible for the privacy practices or the
content of such websites. If you choose to link to third party websites, you should
review the Privacy Policy posted on this other website in order to understand how
the third party collects and uses your Personal Information.
Please understand that any information that is disclosed in chat rooms, forums,
message boards and news group areas on Stickam becomes public information.
We have no control over the use of such information and you should exercise
caution when deciding to disclose your Personal Information on these areas of
Stickam. Further, it is up to you to take precautions to ensure that whatever
links you select or software you download is free of such items as viruses, worms,
Trojan horses, date or time bombs and other items of a destructive nature.
3.4 California Privacy Rights
California residents can ask companies with whom they have an established business
relationship to provide (a) a list of the categories of Personal Information
that a business has disclosed to third parties for direct marketing purposes
for the immediately preceding calendar year, and (b) the names and addresses
of such third parties. To request this information from AVC, please email us
at support@stickam.com; or write us at 633 W. 5th Street, 68th Floor, Los Angeles,
CA 90071. We will respond to such properly addressed written requests. Please
note that we are only required to respond to each customer once per calendar
year.
4. International Users
Stickam is hosted in the United States and is intended for and directed to users
in the United States. If you access Stickam from any region or country with laws
or regulations governing personal data collection, use and disclosure that differ
from United States law, please be advised that through your continued use of Stickam,
which is governed by U.S. law, this Privacy Policy, and the Stickam Terms of Service,
you are transferring your personal information to the United States, and you consent
to that transfer.
5. Updates and Changes to Privacy Policy
We reserve the right, at any time and without notice, to add to, change, update,
or modify this Privacy Policy, simply by posting such change, update, or modification
on the Stickam and without any other notice to you. Any such change, update, or
modification will be effective immediately upon posting on Stickam.
Revised: May 15, 2009.
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