STICKAM™ PRIVACY POLICY
1. Introduction
1.1 Purpose of Policy
Advanced Video Communications, Inc. ("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 Services. We have established this Privacy Policy
to explain how AVC collects Personal Information and how AVC discloses that Personal Information as
defined below. This Privacy Policy is incorporated into and subject to the Terms of Service.
Both the Privacy Policy and the Terms of Service govern your use of the Services.
1.2 About the Service
This Privacy Policy applies to all products, services and software provided by Stickam [www.stickam.com],
PayPerLive [www.payperlive.com], and StreamAPI [streamapi.com] (the “Services”). In its operation of the Services,
AVC collects, uses and retains all information, including Personal Information and Non-Personal Information (defined below)
that you disclose in your registration to and use of the Services.
1.3 Notice Concerning Children
PLEASE NOTE: The Services and any products or services provided therein are limited to
audiences fourteen (14) years old or older. AVC does not knowingly collect or maintain personal information
from anyone under the age of 13, nor does AVC direct any content specifically at children under the age of 13.
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(s).
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 the Services, 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 with our Services.
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. Additionally our advertisers
may use tracking technologies, such as cookies, to collect information about people who
view or interact with their advertisements on our site. This information allows them to
deliver targeted advertisements and judge their effectiveness. We do not provide any personal
information about you to these third parties.
(b) Personal Information. In order for you to access certain services, you are required
to provide certain information that personally identifies you ("Personal Information").
Personal Information includes the following categories of information: 1. Contact Data
(such as your name, and e-mail address); 2. Demographic Data (such as your gender, age,
occupation, location, and martial status); and 3. Profile Data (such as your user name(s),
interests, and Content uploaded by you, 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 communication tools such as instant messaging, and video
chat, or post messages to any 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. We also may receive information about you from
third parties (such as address information, purchase history and additional demographic
information).
2.2 Use and Sharing of Information
(a) AVC uses your Personal Information internally in order to promote and operate the
Services and to introduce users to new features, areas or content. For example, we may use
your Demographic and Profile Data to customize and tailor your experience by displaying
advertisements and content that we think you might be interested in and according to your
preferences. In addition, we may 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 users, and to continually
improve the Stickam Platform and related services 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
merchants 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.
(d) Sharing of Personal and Non-Personal Information with PayPerLive Community Creators.
When you register to become a member of a PayPerLive community, you are providing Personal Information
to AVC as well as to the particular creator of that community (“Community Creator”). Some communities
allow you to sign up with your Stickam user name and password. If you use your Stickam user name
and password to register for a PayPerLive community, the Personal Information and Non-Personal
Information associated with your Stickam account will be provided to the Community Creator.
(e) Display of Personal Information. Any Personal Information (including video content)
that you post or otherwise disclose on or through the Services (for example, on message
boards or chat rooms, streamed live via your media player, 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
submit content or send messages on or through the Services, and you can be contacted by other
users who send you comments. Any content that you submit on or through the Services (including
any Personal Information contained therein) may be distributed through the internet and other media.
Additionally, certain Personal Information from your Stickam profile will be pre-populated into your
profile for PayPerLive communities you join using your Stickam user name and password.
(f) E-mail Invitations. Some of the Services allow users to invite friends to join a service or
a PayPerLive community by sending invitations via an automated invitation system. AVC stores
the email addresses that users provide so that the respondents may be added to the users’ friend’s
list. Recipients of invitations from a user may contact AVC to request the removal of their
information from our database.
(g) 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 one of our websites, 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 our Services may not function properly if the ability to accept cookies is disabled.
Additionally our advertisers may use cookies to collect information about people who view or
interact with their advertisements on our site. This information allows them to deliver
targeted advertisements and judge their effectiveness.
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 the account registration, or access and use those
services 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 our users; or
(c) enforce our Terms of Service and other guidelines 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. Inaccurate information will affect the
services you receive when using our Services as well as 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(s)
in order to: (a) review and update your Personal Information; (b) choose whether or
not you wish to receive promotional material from us.
3.2 Lost or Stolen Information
You must promptly notify us if your user name, 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 name, and/or password from your account and update our records accordingly.
3.3 Links and Public Information
For your convenience, the Services may contain links directing you 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 be linked 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 other public areas 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. 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, Suite 6800, 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
The Services are hosted in the United States and are intended for and directed to users
in the United States. If you access the Services 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 the Services, which are
governed by U.S. law, this Privacy Policy and the 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 and
without any other notice to you. Any such change, update, or modification will be
effective immediately upon posting.
Revised: November 15, 2009.
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