1. DEFINITIONS
The "Site" is the interactive on-line service operated by Decimos LLC. ("Decimos LLC.") accessible through www.wesay.com on the World Wide Web of the Internet, consisting of information services and content provided by Decimos LLC., affiliates of Decimos LLC. and other third parties. "We" and "us" mean and refer to Decimos LLC. "You" and "yours" means and refers to each person who establishes or accesses a connection ("Account") for access to and use of the Site.
2. GENERAL
(A) WeSay.com takes your privacy seriously and has published this Agreement and the privacy policies reflected therein to explain how we treat all information you may submit to the Site. Information you submit in connection with entering contests or sweepstakes we may conduct through the Site, however, may be treated differently. Please refer to the Official Rules for each individual sweepstakes or contests for our specific policies regarding such information.
(B) This WeSay.com Privacy Policy (the "Agreement") sets forth the terms and conditions that apply to use of the Site by you. By using the Site (other than to read this Agreement for the first time), you agree to comply with this Agreement. More specifically, you agree to comply with all of the terms and conditions hereof, our WeSay.com Terms and Conditions, WeSay.com Content Submission Agreement, and any additional terms and conditions that may apply to specific sections of the Site, all of which are expressly incorporated into this Agreement by reference.
(A) If you do not accept the terms and conditions of this Agreement you will not be able to register as a member or use the Site.
3. COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION
Many of the features of the Site are available to you without your providing personally identifiable information. Personally identifiable information generally includes information that could be used in a lawful manner and without taking extraordinary measures to determine your identity, such as your name, address, and phone number, and your e-mail address. It also includes demographic information or other information when such information is directly associated with the personally identifiable information just described and when that information is not generally available to the public. The following are certain situations in which we may collect personally identifiable information from you:
(A) Registration for Use of Certain Features of the Site. If you elect to access and utilize certain current or prospective features of the Site, such as features allowing you to submit Content, to post comments or guest columns, participate in chat rooms, web logs, email services, surveys, or bulletin boards, to provide feedback, or to enter sweepstakes or contests, we may ask you to register with the Site on a form provided to you. Such registration may require you to provide personally identifiable information or demographic information, such as your name, e-mail address, residential or business address, zip code, phone number, gender, birth date, occupation, industry, and personal interests.
(B) Submission of Content to the Site. If you elect to submit content for possible posting or display on the site, such content may include personally identifiable information.
(C) Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may choose to collect such information into a file specific to you.
(D) Business Partners. We may receive your personally identifiable information from one of our business partners.
4. USE OF PERSONALLY IDENTIFIABLE INFORMATION
We use your personally identifiable information as follows:
(A) to improve our marketing and promotional efforts, analyze site usage, improve our content and product offerings, and customize our content, layout, and services
(B) to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site.
(C) to fulfill your requests for certain products and services
(D) for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the agreements and policies governing use of the Site, for other internal purposes, and as otherwise described to you at the time of collection and
(E) as otherwise set forth in this Agreement, our WeSay.com Interactive Service Agreement, WeSay.com Content Submission Agreement, and any additional terms and conditions that may apply to specific sections of the Site.
You expressly agree to our use of your personally identifiable information as set forth in this Agreement, our WeSay.com Terms and Conditions, WeSay.com Content Submission Agreement, and any additional terms and conditions that may apply to specific sections of the Site.
5. DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
With the possible exception of information you provide in connection with entering one of our sweepstakes or contests, we do not currently sell your personally identifiable information. The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business:
(A) Advertisers. We may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. For example, we may aggregate personally identifiable information and disclose it to network advertisers in a non-personally identifiable manner as set forth in the section entitled "Network Advertisers," set forth below. We do not disclose your information in a personally identifiable manner to such third party advertisers without your consent.
(B) External Service Providers. There may be various separate services and products offered by third parties, including, without limitation, our affiliates, that we refer to as external service providers that may be complementary to your use of the Site. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, we may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent our disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. You should evaluate the practices of external services providers before deciding to use their services.
(C) Internal Service Providers. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, product and service operations that we provide to you (e.g., technology, forums, newsletters/alerts, analytical tools, advertising campaign management).
(D) Thus, we may provide some of your personal information directly to these internal service providers. These internal service providers are subject to confidentiality agreements with us or other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.
6. ADDITIONAL DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
Notwithstanding anything to the contrary in this Agreement or any of the other agreements and policies governing use of the Site, we reserve the right (and you authorize us) to share or disclose your personally identifiable information when we determine, in our sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
(A) you are or may be violating this Agreement or any of the other agreements and policies governing use of the Site
(B) you are interfering with another's rights or property, including, without limitation, our rights or property
(C) you are violating any applicable law, rule or regulation
(D) the disclosure is necessary or required by any applicable law, rule or regulation and/or
(E) the disclosure is requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.
7. DISCLOSURE THROUGH A TRANSFER OF OUR BUSINESS
Personally identifiable information and other personal information collected from you may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a "Transfer") involving us and/or our affiliates. We specifically reserve the right to transfer personally identifiable information collected from the Site, and any of its databases, together with any personally identifiable information contained therein, to a third party in connection with a Transfer, and nothing in this Agreement is intended to interfere with our ability to transfer all or part of our business and/or assets (including the Site) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.
8. SECURITY
Personally identifiable information you submit to us is password-protected for your privacy and security. In certain areas we use industry-standard SSL-encryption to protect data transmissions. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.
9. LINKS TO OTHER WEB SITES
The Site may include links to other third party Web sites. Such links are not an endorsement by us of those Web sites and/or the products or services offered there. Third party Web sites may have different privacy policies and we are not responsible for the privacy practices of those third party Web sites. If you click on a link to a third party Web site, we encourage you to check the privacy policy of that Web site, as it may differ substantially from that of this Agreement.
10. NO GUARANTEE OF PRIVACY OR NONDISCLOSURE
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Agreement. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.
11. NETWORK ADVERTISING
We may use third-party advertising companies for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Using third-party advertising companies helps us and third-party advertisers better determine which advertisements or content to serve to you. For example, the third-party advertisers may use information regarding your visits to the Site and other Web sites in order to provide advertisements about goods and services, that third party advertisers believe will be of interest to you.
The types of information that may be collected by third-party advertising companies include the following:
(A) the type of Internet browser you use
(B) the type of computer operating system you use
(C) the domain name of a Web site you visit, as well as information related to Web sites and Web pages you are viewing when an advertisement is requested
(D) whether or not you visit specific pages of the Site or other Web sites
(E) the location of your Internet service provider's point of presence
(F) the date and time of a visit to a Web site
(G) search keywords passed from another server
(H) the number of times you have clicked on an advertisement and
(I) other interactions between you and a Web site.
If you would like to opt-out of third-party advertising companies' use of such information please contact us. If you would like more information about this practice and to know your choices about not having this information used by these companies please visit http://www.networkadvertising.org.managing.
12. COOKIE TECHNOLOGY
"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer's hard drive. We, our external service providers, internal service providers, and third-party advertising companies, may set and access cookies on your computer to track and store preferential information about you. We, and our external service providers, internal service providers, and third-party advertising companies gather anonymous information about you through cookie technology on an aggregate level only. For example, a third-party advertising company may assign a cookie (and a Web beacon, described below) to you, to limit the amount of times you see a particular advertisement or to help better determine which advertisements to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to cookies stored on your computer.
13. WEB BEACONS
"Web beacons", also called single-pixels (1x1) or clear GIFs, are electronic images that allow a Web site to access cookies and help track marketing campaigns and general usage patterns of visitors to those Web sites. Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web beacon is placed. No personally identifiable information about you is shared with third parties through the use of Web beacons.
(A) Internal use of Web beacons. We may use Web beacons internally to count users and recognize users through cookies. Access to cookies helps us personalize your experience when you visit the Site.
(B) Email. We may include Web beacons in HTML-formatted email messages that we or our affiliates or agents send. Including Web beacons in email messages helps us determine your interest in and the effectiveness of such emails.
(C) External use of Web beacons. We may also use Web beacons externally. For example, we may report aggregate information about our users, such as demographic and usage information, to our partners and other third parties. We may also include other company's Web beacons within the Site.
14. OPT-OUT AND CHANGES TO PERSONALLY IDENTIFIABLE INFORMATION AND USE PREFERENCES
You may at any time request a copy of our record of your personally identifiable information, change your personally identifiable information or use preferences, or opt-out of our use of your personally identifiable information by contacting us.If you would like to opt-out of third-party advertising companies' use of your information for the network advertising purposes described above please contact us.
15. NEWSLETTERS AND CAN-SPAM COMPLIANCE
We are fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. In particular, any commercial e-mail messages we may send you will provide you with a process for requesting that we not send you any future commercial e-mails, and we will honor your requests.
16. ACCESS AND USE OF THE SITE
The Site is intended to be accessed and used only by adults and minors of suitable age and discretion. It is not directed to children under the age of fourteen (14). We do not knowingly permit registration or submission of personally identifiable information by anyone under the age of fourteen (14) or if over the age of fourteen (14) but under the age of eighteen (18) without the permission of the minor's parent or legal guardian.
17. CHANGES TO THIS AGREEMENT
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Any information we collect from you online is subject only to our most current Agreement. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Our last update was March 11, 2008. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of the same.
18. GOVERNING LAW, VENUE, AND ARBITRATION
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Illinois, without regard for principles of conflicts of laws. Venue for any proceeding arising out of or relating to this Agreement, or civil actions, claims, or disputes relating to this Agreement, shall exist exclusively in Cook County, Illinois. Any and all civil actions, claims, disputes or proceedings arising out of, or relating to, this Agreement shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association. You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us, and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive, special, indirect or consequential damages, and both you and we hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
19. MISCELLANEOUS
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any restriction is held to be invalid or unenforceable, it is intended and understood that such invalidity or unenforceability will not affect the remaining restrictions, which shall remain in full force and effect and be construed as far as possible to reflect the parties' intentions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
20. QUESTIONS OR CONCERNS
If you have questions, comments, concerns or feedback regarding this Agreement or any of the privacy policies reflected therein, please contact us.