Effective as of October 12, 2009
For previous Privacy Policy, please click here
1. AGREEMENT AND PARTIES
Pure Digital Technologies LLC (“Pure Digital,” “us,” or “we”) respects the privacy and personal information of the members of the Pure Digital community. This privacy policy applies to information we receive when you use a Pure Digital website or Pure Digital software, products or services (collectively, the “Pure Digital Services” or “Services”). This privacy policy (“privacy policy” or “policy”) is an agreement between Pure Digital and you, as the user of the Pure Digital Services (“you”). This agreement tells you when this policy is effective, how we may change this policy, what information we collect from you, how we might use that information, how you can review or change the personal information you provided to us, and the steps we take to ensure that your personal information is protected. We share your personal information only with your consent or as described in this policy.
Please read this Privacy Policy to learn more about how Pure Digital Technologies LLC, treats personally identifiable information. We follow principles that are supported by the Federal Trade Commission's Fair Information Practices Principles, currently available at http://www.ftc.gov/reports/privacy3/fairinfo.htm and, for Canadian users, the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation. If you have comments, suggestions, questions, or concerns about our Privacy Policy, please contact us at the email and/or address provided at the end of this policy.
Please note that this policy covers all websites operated by Pure Digital Technologies LLC, including the websites located at http://www.theflip.com, http://www.flipshare.com, and http://flipvideospotlight.com.
2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE
All of the Pure Digital Services you wish to use are voluntary. You are not required to provide any personal information to us unless you choose to access features on these Services, which require such information. If you do not agree with the terms of this policy or other terms of use related to the Pure Digital Services, then you should immediately exit this website and discontinue using the site or any component of these Services. If you do not agree with the terms of our privacy policy and terms of use, please do not provide us with personal information, and discontinue use of these Services. Pure Digital’s terms of use and your end user license agreement related to any software provided by Pure Digital that you download and install are expressly incorporated into this policy by reference and made a part of this policy. By using the Pure Digital Services, you signify that you agree to the terms of this privacy policy as well as to our terms of use.
3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY
This privacy policy is effective as of July 20, 2009, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective thirty (30) days after they are posted to the website or we otherwise notify you of the changes. Use of information we collect is subject to the policy in effect at the time such information was collected. We reserve the right to change this privacy policy at any time and you should check this privacy policy periodically. Your continued use of the Services after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it.
4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY
The privacy policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond Pure Digital’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This privacy policy only applies to information collected through the Pure Digital Services and otherwise as described in this policy.
5. PERSONAL INFORMATION ABOUT YOU
5.1 Types Of Information Collected
We may ask you for certain information, referred to as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, physical address, age, e-mail address, and credit card information.
5.2 Personal Information You Provide to Us
You may be required to provide personal information to access or use certain parts or features of the Pure Digital Services. For example, you will be asked to provide your name, a physical address and valid billing information when making a purchase at The Flip Video Store (http://store.theflip.com/, http://ca.store.theflip.com/, http://checkout.theflip.com), when ordering a DVD (http://dvd.theflip.com), or when submitting an application at the Flip Video Spotlight website (http://flipvideospotlight.com). You may also elect to provide personal information when sharing your videos using the FlipShare service (http://www.flipshare.com). If you do not provide the requested personal information, you may not be able to access or use the particular Services where such information is required.
6. PERSONAL INFORMATION YOU PROVIDE ABOUT OTHERS
Some of the Pure Digital Services allow you to share content and personal messages you upload with others by generating messages directly to those other individuals. To use this feature, we require you provide us with a valid email address for each recipient. Pure Digital uses these email addresses only to share your content and personal messages (at your direction), to send an automatic warning if such content is set to expire within our system, and also for other uses such as providing information about Pure Digital products or services. Those recipients may, at any time, elect to discontinue receipt of these emails by writing us at remove@puredigitalinc.com or by following the instructions to unsubscribe included near the end of each such email message.
7. GENERAL INFORMATION WE MAY COLLECT
7.1 Types Of Information Collected
There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include information recorded by our server logs from your browser such as your Internet Protocol (IP) address (which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network like the internet), and the specific webpage you requested. In addition, we may receive an automatic confirmation when you open an e-mail from Pure Digital if your computer supports this type of program. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access or use the Pure Digital Services, whether or not you provide us with any other personal information.
7.2 Click Stream Data
When you use the Pure Digital Services we may collect “click stream data” (server address, domain name, etc.). This information can be combined with information you have provided to us by registering a Pure Digital product, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our services, to determine which features within the Pure Digital Services are most or least effective or useful to you.
7.3 Cookies
A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the Pure Digital Services and that information helps us to understand your preferences and improve your experience. Pure Digital cookies do not collect personal information from you, and we do not combine the general information collected through cookies with other personal information you may provide to personally identify you. You can turn off all cookies, if you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. Please refer to documentation provider with your web browser (e.g., Firefox, Safari, or Internet Explorer) for information on enabling these options. There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.
7.4 Software Updates
Pure Digital software is updated from time to time to provide additional features, address technical issues, and generally make your user-experience better. When you upgrade your Pure Digital Software, we may collect information from your computer regarding what kind of computer you have, how frequently the software encounters errors on your system, and other related information.
8. USE AND SHARING OF INFORMATION.
8.1 To Provide Products And Services To You
We will use the personal information you provide and any general information we receive from you to provide Pure Digital products and services to you, which include the following:
- To process orders you may place at The Flip Video Store (http://store.theflip.com/, http://ca.store.theflip.com/, http://checkout.theflip.com) and The Flip DVD Store (http://dvd.theflip.com) and to ship those orders to you.
- To process applications and orders that you may place through the Flip Video Spotlight website and storefront (http://www.flipvideospotlight.com), and ship those orders to you.
- To assist those who help us in designing and operating these Services, order fulfillment or product customization, or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential.
- To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of Pure Digital or its licensees or selected commercial partners. (If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, please see “CANCELING YOUR ACCOUNT, OPTING OUT OF EMAIL, AND MODIFYING PERSONAL INFORMATION” below.)
- To analyze visits to the Pure Digital website and learn about the interests of our visitors in the aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
8.2 Business Transfers
In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Pure Digital or substantially all of its assets were acquired, customer information would likely be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Pure Digital may continue to use your personal information as set forth in this policy.
8.3 Protection of Pure Digital and Others
We may release personal information when we believe in good faith that release is necessary to comply with any law, enforce or apply our terms of use and other agreements, or protect the rights, property, or safety of Pure Digital, our employees, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We may disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States and Canada. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined at our sole discretion.
8.4 With Your Consent
Except as set forth herein, we will notify you or obtain your consent before your personal information may be shared with third parties, and will be able to prevent the sharing of this information. Registered users may, at any time, elect to stop receiving emails from us by visiting our website registration page at the registration page and following the instructions provided there, or by emailing us at remove@puredigitalinc.com
8.5 Retention of Your Information
We will only retain your information to the extent: (a) it is needed for the purposes which we have conveyed to you; (b) we are required by law to maintain such information; or (c) it is needed for us to address any issues or inquiries that you may have.
9. PROTECTION OF YOUR INFORMATION
9.1. Security Measures
In order to protect both the personal information and the general information that we receive from you through your use of the Pure Digital Services, we have implemented various security measures. For example, when you enter sensitive information (such as your credit card number) on our order forms, we encrypt that information using secure socket layer technology (SSL). We also follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
9.2. Risk Of Interception
Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Pure Digital strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using these Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through your use of the Pure Digital services and that any personal information, general information, or other data or information received from you through your use of these Services is provided to us at your own risk, which you expressly assume.
10. NO USE OF THIS SERVICE BY MINORS PERMITTED
10.1. Registration Declined For Minors
The Pure Digital Services are intended only for those who are at least 18 years old or, if the age of majority in your state or province is greater than 18 years, such age of majority in your state or province,. Personal registration information submitted by a minor violates the website terms of use and will not be accepted. Any general information provided by minor and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this privacy policy. Pure Digital is committed to protecting the privacy of children and has no intention of collecting personal data from minors. We encourage parents and guardians of minors to regularly check and monitor their children’s use of e-mail and other activities online.
10.2. Notice Concerning Children
PLEASE NOTE: The Pure Digital Services are general audience services, and do not direct any of our content, products, or services specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of these Services is under age 13, we will promptly delete any personal information in that user’s account. If you have such information, please contact us as under13@puredigitalinc.com
11. LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Pure Digital Services we may insert links to third parties. This privacy policy does not apply to such third party websites. These links take you outside our Services and off the Pure Digital site and are beyond our control. This includes links from partners that may use Pure Digital’s logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our Services, Pure Digital is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.
12. CANCELING YOUR ACCOUNT, OPTING OUT OF EMAIL, AND MODIFYING PERSONAL INFORMATION
You may cancel your account and you may opt out of receiving any e-mails from Pure Digital at any time. You may cancel your account, opt out of, or modify your personal information, by visiting our website registration page at registration page and following the instructions provided, or by emailing us at remove@puredigitalinc.com. We encourage you promptly to update your personal information when it changes. When you cancel your account, we will promptly remove any video content you have uploaded to the Service, for example to the Flip Private Video Sharing tool. Information concerning your past behavior with the Service may be retained indefinitely by Pure Digital.
Please note that although you may opt out of receiving e-mails, Pure Digital reserves the right to communicate with you via email regarding specific products and services you have ordered, requested, or inquired about.
13. FOR OUR CANADIAN USERS
Canadian citizens, except under circumstances defined by law, are entitled to access their own personally identifiable information collected by Pure Digital by writing to our Privacy Compliance Officer noted below. We may ask you to pay an administrative fee for accessing or copying your information, but will inform you of the anticipated charges and confirm that you want us to proceed before processing your request. If you believe that the personally identifiable information about you that we have collected is incomplete or inaccurate, we will correct the information upon verification of the omission or error and of the identity of the person requesting the change. If you wish to receive additional information about our system of personally identifiable information management or to access, correct, or have us investigate any matters in relation to your personally identifiable information, please contact our Privacy Compliance Officer at the address provided below.
IN ORDER FOR US TO ACHIEVE THE PURPOSES IDENTIFIED TO YOU FOR WHICH WE COLLECT AND USE YOUR PERSONAL INFORMATION, YOUR PERSONAL INFORMATION MAY BE COLLECTED AND USED IN COUNTRIES OTHER THAN CANADA, INCLUDING THE UNITED STATES. AS A RESULT, IN THE CASE OF THE UNITED STATES, WE MAY BE REQUIRED TO DISCLOSE YOUR PERSONAL INFORMATION TO GOVERNMENT AUTHORITIES, REGULATORS OR LAW ENFORCEMENT IN ACCORDANCE WITH THE LAWS OF THESE JURISDICTIONS, WHICH MAY INCLUDE THE USA PATRIOT ACT.
13. QUESTIONS OR COMMENTS
If you have any questions, comments, or concerns relating to the Pure Digital Services or this privacy policy, please send an e-mail to privacy@puredigitalinc.com or write to us at:
Pure Digital Technologies LLC
Attn: Privacy Compliance Officer
30 Maiden Lane
6th Floor
San Francisco, CA 94108
We will make every effort to resolve your concerns.