Effective Date: March 23, 2018
- We ask you for, and use Tracking Technologies (defined below) to detect information about you, and third parties may also do so in connection with our Services (defined below). See section 1(b) for details and your choices.
- Third parties, including advertisers and advertising services providers, may collect information about you. They may use Tracking Technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party sites or services. Their privacy policies and consumer choices, not ours, govern their practices.
- We do not monitor or take any action with respect to so-called browser do not track signals, but you may have certain other options regarding tracking and/or targeting.
- When you make a donation to us via the Service, you are actually doing so on a vendor service, that is collecting your data, and their privacy policies and data practices govern that activity. See https://stripe.com/us/privacy.
- We do not share your Personal Information (defined below) with third parties for their direct marketing purposes without giving you a choice and obtaining your consent except as part of a merger or transfer of our business assets, but we share Personal Information and other data about you for various other reasons as set forth below.
To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
In addition, please review the Service’s Terms of Service, which governs your use of the Service, and includes, among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By using our Service, you agree to our Terms of Service and consent to our collection, use and sharing of your information and data, and other activities, as described below. If you do not agree and consent, please refrain from using the service and uninstall any service downloads and applications.
1. What Information Does the Service Collect?
A. Information About You That You Provide to Us
Personal Information and Demographic Information. On the Service, we may ask you to provide us with certain categories of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, address, e-mail address, and phone number (“Personal Information”); and (2) demographic information such as age, gender, etc. (“Demographic Information”). We may collect this information through various forms and in various places on the Service, including at registration, “contact us” forms, or when you otherwise interact with the Service. To the extent we associate Demographic Information with your Personal Information we collect directly from you on the Service, we will treat such combined data as Personal Information but we do not otherwise treat it as Personal Information (i.e., we treat it as non-Personal Information).
B. Information Collected or Stored As You Access and Use the Service
Generally. In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone, smart TV, set-top box or other device (a “Device”) whenever you visit or interact with our Service. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Service, we will treat such combined data as Personal Information, but we do not otherwise treat it (including UIDs (defined below) as Personal Information (i.e., we treat it as non-Personal Information), except to the extent required by applicable law.
This Usage Information may include:
your IP address, UDID, advertising identifier, device identifier or other unique identifier (“UID”). A device identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its device identifier;
- clickstream data reflecting the information you enter and the selections you make while using the Service;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Service;
- the areas within our Service that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
Tracking Technologies. We may use now and hereafter known methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed): Cookies, Web Beacons, Embedded Scripts, Browser Fingerprinting, Etags, Recognition Technologies, and in-App Tracking (definitions of the preceding found below). There may be other Tracking Technologies now and later devised and used by us in connection with the Service.
Cookies. A cookie is a data file placed on a Device when it is used to visit the Service. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. To identify local shared objects on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs,” “Pixel Tags,” or “Web Bugs”) may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of UID. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
In-App Tracking Methods. There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.
Tracking Technologies Choices and Consent. We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.
Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies some parts of our Services may not work and that when you revisit our Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. Further, app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of the app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. For information on third party Tracking Technologies and browser Do Not Track signals, see the next section.
Third Party Tracking and Do Not Track.
Also, various third parties are developing or have developed signals or other mechanisms known as “do not track signals”. For instance, some browsers may have such signal options, though they differ as to if the signal is set as default or must be turned on by the user. Further, there is not yet an industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take any action with respect to these signals or other mechanisms, though we may consider doing so if an understandable and practical standard is developed and widely adopted.
Some third parties may offer you certain choices regarding their Tracking Technologies practices associated with our Service. See Section 3b regarding our Vendors and Tracking Technologies choices and Section 6 regarding advertising and Tracking Technology choices. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out or other choice options. One way to potentially identify cookies on our Site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. We are not responsible for the completeness or accuracy of this tool.
Information Third Parties Provide About You
D. Third-Party Content and Services
The Service may now, or in the future, include functionality that allows certain kinds of interactions between the Service and a third-party web site, platform, tool, application or other service, and accessing or display of third-party content via the Service (“Third Party Services”). The use of Third Party Services may involve the third-party operator (“Third Party Operator”) providing certain information, including Personal Information, to us. For example, when you register with the Service, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. In addition, you may be able to access our Service, your Account and/or Service content via a third party platform, site, app or other service, and those Third Party Operators may collect Personal Information and other data about you in connection therewith, and may provide some or all of it to us (e.g., the third party may handle the billing of transactions for our content that are purchased via the Third Party Service and then tell us what you purchased so we can fulfill the order).
When you use Third Party Services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third party privacy policies before using such Third Party Services in connection with our Service. For more information on Third Party Services and the policies and activities of Third Party Operators see Section 5.
Information You Provide About a Third Party
You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, FAM relies on you to only send to people that have given you permission to do so. The information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be Third Party Services subject to third-party privacy policies as further detailed in Section 1(d), Section 3 and Section 5.
2. How Do We Use the Information Collected?
Advertising and Content Management Services. We may also use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to specifically target relevant advertisements or content to you, including making recommendations based on your activities; (2) to restrict access to certain content as required by the content owner’s licenses (e.g., to enforce territory restrictions); (3) to understand the usefulness to you of the advertisements or content that have been delivered to you; and (4) when you comment to or add content to the Services. For more on advertising, and your choices regarding it, see Section 6 below.
Contact Us. Please note that information submitted to any of the Services via a “contact us” or other similar customer inquiry function may not receive a response. We may use the Personal Information provided by you in a customer inquiry communication to contact you for marketing purposes unrelated to your request.
3. How and When Do We Share Information with Third Parties?
We may share your personal information with other non-profit charitable organizations for the purpose of identifying individuals who have donated to charities. The non-profit charitable organizations with whom we share your personal information, may contact you regarding contributions to their organizations in the future. If you do not wish to have your personal information shared with non-profit charitable organizations you may contact us here.
A. When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, Third Party Services (e.g., Third Party Operator’s content, tools, apps, or ads on our Service) or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such Third Party Operator’s practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
C. To Protect the Rights of FAM and Others. To the fullest extent not prohibited by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of FAM or third parties (including through the enforcement of this Policy, our Terms of Service, and other applicable agreements and policies); (ii) comply with legal and regulatory obligations and government requests (e.g., pursuant to law enforcement inquiries, subpoenas or court orders); (iii) comply with our obligations and commitments to safeguard the privacy and security of your information; or (iv) prevent unauthorized, improper or illegal activities on the Service. Further, we may disclose information about you as otherwise permitted under our Terms of Service or as specifically disclosed when we collect information from you. Additionally, if you notify us that you believe your rights have been violated in connection with the Service or another user of the Service, we may disclose information about you to the extent necessary to evaluate and respond to your concern. To the fullest extent not prohibited by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
D. Business Transfer. We reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change; including, in either case, during the course of any related due diligence process.
E. Your California Privacy Rights. Under California Civil Code Section 1798.83 (“Shine the Light” law), companies have to disclose certain information on how they collect and disclose to third parties the personal information of consumers who reside in California. However, since FAM employs less than twenty (20) people, California’s “Shine the Light” law does not apply here. Nonetheless FAM will refrain from sharing personal information (as defined by California’s “Shine the Light” law) that is collected by us on the Service with third parties for their direct marketing purposes absent your consent.
California minors should see Section 9 regarding removal of certain content they have posted.
4. What About Information I Disclose Publicly Or To Others?
A. User-Generated Content and Public Information. The Service may permit you to submit messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”), such as on blogs and message boards and/or to link to such content that is hosted by a third party service. We or others may store, display, reproduce, publish, distribute or otherwise use User-Generated Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User-Generated Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User-Generated Content. Please note that FAM does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User-Generated Content that you disclose or receive from third parties through the Service. California minors should see Section 9 regarding removal of certain content they have posted on our Service. We are not responsible for User-Generated Content you submit to Third Party Services via our Service.
B. Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User-Generated Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.
C. For full terms and conditions regarding User-Generated Content you submit to the Service, please review our Terms of Service.
5. Do Third-Party Content, Links To Third-Party Services, and/or Third-Party Apps Appear on the Service?
The Service may contain content that is supplied by a Third Party Operator, and those third parties may collect Usage Data and your UID when such content is served to you. Third Party Services may also be available via the Service. We are not responsible for the data collection and privacy practices employed by such third parties or their services and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also associate their Tracking Technologies with you, track you across sites and time, serve you their own ads (including Interest-based ads) and may or may not have their own published privacy policies.
In addition, when you are on the Service you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you “click” on a link, the “click” may take you off the Service onto a different site. We encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
Be sure to review any available privacy policies and notices before submitting any Personal Information to a third party or its services, or otherwise interacting with Third Party Services or other locations you link to from our Service, and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.
6. Are Interest-based Ads Served On the Service or Retargeted to You Later?
The Service may use third parties such as network advertisers and ad exchanges to serve you ads, including Interest-based ads (defined below), on the Service or to serve you ads, including Interest-based ads, on third party services after you leave our Service, and we may use third-party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Service and viewing of ads and of our content. “Interest-based ads” are behavioral ads targeted to you based on your activities across third party locations and across time, including retargeting of ads after you have left our Service and are on a third party service. Network advertisers are third parties that display advertisements, which may be based on your visits to the Service and other apps and sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (and expect that the ad networks we directly engage to serve you Interest-based ads will do so as well, though we cannot guaranty their compliance.
The Service’s third-party ad network and exchange providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies (including Flash cookies), web beacons and other Tracking Technologies on your Device and track certain behavioral Usage Information regarding users of your Device via a UID. These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.
Further, while we may use a variety of companies to serve advertisements on and off of the Service, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver certain targeted ads to you, which will affect this and other services, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, or use a non-browser-based method of access (e.g., mobile app), your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s web site accessible by the above link. You may also opt-out of receiving certain types of Interest-based ads by visiting the Digital Advertising Alliance (“DAA”) web site at http://www.youradchoices.com/ and http://www.aboutads.info/appchoices for mobile apps. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs.
In addition, we may serve ads on third party services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by matching common factors between our data bases and the data bases of Third Party Operators. For instance, we may use such ad services offered by Facebook or Twitter. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad and find out how to opt-out with us from such list. If you opt-out from our Facebook Matched List Ads, we will remove the matching Personal Information from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. If we use Twitter Matched Use Ads, you should be able to opt-out through your account settings on Twitter. If you opt-out from our Twitter Matched Use Ads, you will be removed from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. We are not responsible for such third party services’ failure to comply with your or our opt-out instructions or to provide us notice of your opt-out elections, and they may change their options without notice to us or you.
7. How Do I Change My Information and Communications Preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Service may allow you to review, correct or update Personal Information you have provided through the Service’s registration forms or otherwise, and you may provide registration updates and changes by contacting us here. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, if you have made any public postings on the Service such as in forums or blogs, these communications cannot generally be removed, except if California minors -(see Section 9 regarding removal of certain content they have posted).
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
8. WHAT ABOUT TRANSFER OF INFORMATION TO THE UNITED STATES?
9. WHAT PARENTS SHOULD KNOW ABOUT CHILDREN?
We understand the importance of protecting children’s privacy in the interactive world. We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us here.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at the e-mail or address set forth in the “Contact us” section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
10. What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service, and provide us with your information, at your own risk.
To contact Irwin Rappaport
To contact Mark Lehman