PRIVACY POLICY
GAME THEORY, LLC, and each of its related web sites ("Game Theory") Privacy
Policy
Last updated October 11, 2009.
This Privacy Policy outlines important information regarding the use and
disclosure of information collected via this Website. Game Theory
provides this Privacy Policy to help users make an informed decision as to
whether to use or continue using the Website.
PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE
EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR
SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. GAME THEORY DOES NOT PROVIDE
NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB
SITE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY PLEASE DO NOT
PROVIDE ANY INFORMATION TO GAME THEORY OR USE ANY OF THE SERVICES OR PRODUCTS
OFFERED OR PROVIDED ON ANY OF THE WEB SITES REFERRED IN THIS PRIVACY POLICY.
This Privacy Policy applies to Game Theory's collection, use, storage and
disclosure of information by Game Theory on its (a) websites, including all its
divisions, subsidiaries and related companies (collectively, the "Website"),
(b) on various third party websites, and (c) to Game Theory's other information
collection, including the purchase of customer lists from third parties. Game
Theory is not responsible for the information collection or privacy practices
of third web sites or applications.
By reference, this Privacy Policy is incorporated into and is subject to
the Website Terms of Use. Your use of the Website and any personal information
you provide via the Website or through other official Game Theory contact
remains subject to this Privacy Policy, as well as the Terms of Use and/or
other stated policies.
1. Collection of Information.
1.1 Survey Information.
Game Theory collects information from individuals by various methods,
including, but not limited to, when an individual voluntarily completes an Game
Theory survey, order form, or a registration page either online or offline, or
by means of online or offline surveys, order forms, or registration pages
operated by third parties (collectively, a "Survey"). (As used herein, "online"
means using the Internet, including the Website, and related technologies, and
"offline" means by methods other than online, including in person, in the
postal mail, using telephones and cell phones, and other similar means.) In the
Surveys, Game Theory or a third party (a "Third Party") may ask an individual
to provide various information to Game Theory, which may include his or her
name, email address, street address, zip code, telephone numbers (including
cell phone numbers and carriers), SMS messaging details (e.g. date, time and
content of the SMS message), birth date, gender, salary range, education and marital
status, occupation, social security number, employment information, personal
and online interests, and such other information as may be requested from time
to time (together, "Survey Information"). Game Theory may also collect
information concerning an individual from another source and use that
information in combination with information provided from this Web Site.
Completing the Surveys is completely voluntary, and individuals are under no
obligation to provide Survey Information to Game Theory or Third Party, but an
individual may receive incentives from Game Theory or a Third Party in exchange
for providing Survey Information to Game Theory.
1.2 Third Party List Information.
Game Theory collects information from individuals when an individual provides
information to a Third Party and Game Theory subsequently purchases, licenses,
or otherwise acquires the information from the Third Party (the "Seller"). Such
purchased information may include, but is not limited to, an individual's name,
email address, street address, zip code, telephone numbers (including cell
phone numbers and carriers), SMS messaging details (e.g. date, time and content
of the SMS message), birth date, gender, salary range, education and marital
status, occupation, industry of employment, personal and online interests, and
such other information as the individual may have provided to the Seller
(together, "Third Party List Information"). When acquiring Third Party List
Information, Game Theory seeks assurances from the Seller that the Seller has a
right to transfer the Third Party List Information to Game Theory and that the
Seller has a right to provide offers from advertisers to the individuals whose
personal information is included on the Seller's list.
1.3 Other Information.
Other occasions when Game Theory obtains information from individuals include
(1) when an individual is making a claim for a prize or seeking to redeem an
incentive offered by Game Theory or by a Third Party, (2) when an individual
requests assistance through Game Theory's customer service department, and (3)
when an individual voluntarily subscribes to a Game Theory service or
newsletter (together, "Other Information").
1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.
Game Theory currently uses cookie and web beacon technology to associate
certain Internet-related information about an individual with information about
the individual in our database. Additionally, Game Theory may use other new and
evolving sources of information in the future (together, "Technology
Information").
(a) Cookies. A cookie is a small amount of data stored on the hard
drive of the individual's computer that allows Game Theory to identify the
individual with his or her corresponding data that resides in Game Theory's
database. You may read more about cookies at http://cookiecentral.com. Individuals who
use the Website need to accept cookies in order to use all of the features and
functionality of the Website.
(b) Web Beacons. A web beacon is programming code that can be used
to display an image on a web page (by using an <img src="x"> programming
function -- see http://truste.org for more information), but can also be used
to transfer an individual's unique user identification (often in the form of a
cookie) to a database and associate the individual with previously acquired
information about an individual in a database. This allows Game Theory to track
certain web sites an individual visits online. Web beacons are used to
determine products or services an individual may be interested in, and to track
online behavioral habits for marketing purposes. For example, Game Theory might
place, with the consent of a Third Party website, a web beacon on the Third
Party's website where baseball products are sold. When Joe, an individual
listed in Game Theory's database, visits the fishing website, Game Theory
receives notice by means of the web beacon that Joe visited the baseball site,
and Game Theory would then update Joe's profile with the information that Joe
is interested in baseball. Game Theory may thereafter present offers of
baseball related products and services to Joe. In addition to using web beacons
on web pages, Game Theory also uses web beacons in email messages sent to
individuals listed in Game Theory's database.
(c) New Technology. The use of technology on the Internet,
including cookies and web beacons, is rapidly evolving, as is Game Theory's use
of new and evolving technology. As a result, Game Theory strongly encourages
individuals to revisit this policy for any updates regarding its use of
technology.
1.5 Outside Information.
Game Theory may receive information about individuals from Third Parties or
from other sources of information outside of Game Theory including information
located in public databases ("Outside Information").
1.6 Individual Information.
As used herein, Individual Information means Survey Information, Third Party
List Information, Other Information, Technology Information, and Outside
Information, and any other information Game Theory gathers or receives about
individuals such as usage data, file transfer and viewing data.
1.7 No Information Collected from Children.
Game Theory will never knowingly collect any personal information about
children under the age of 13. If Game Theory obtains actual knowledge that it
has collected personal information about a child under the age of 13, that
information will be immediately deleted from our database. Because it does not
collect such information, Game Theory has no such information to use or to
disclose to Third Parties. Game Theory has designed this policy in order to
comply with the Children's Online Privacy Protection Act ("COPPA").
1.8
Log File Information.
When users log-in to
access their account, our servers may automatically record and archive certain
information that web-browsers send whenever visiting a Website. These server
logs may include information vital to validating the user's authorization to access
the account. Information, such as a web request, Internet Protocol (the
"IP") address, browser type, browser language, referring pages, exit
pages and visited URLs, platform type, click counts, pages viewed and in what
order, time spent, the date and time of the request, and other important data
is necessary to validate and authorize a user's entry and activity on the
Website.
1.9 Credit Card
Information.
Game Theory may in certain cases collect credit card numbers and related
information, such as the expiration date of the card ("Credit Card
Information") when an individual places an order from Game Theory. When the
Credit Card Information is submitted to Game Theory, such information is
encrypted and is protected with SSL encryption software. Game Theory will use
the Credit Card Information for purposes of processing and completing the
purchase transaction, and the Credit Card Information will be disclosed to
Third Parties only as necessary to complete the purchase transaction.
2. Use of Individual Information.
2.1 Discretion to Use Information.
THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE
IN COMPANY'S SOLE DISCRETION.
The following paragraphs in Section 2 describe how Game Theory currently uses
Individual Information, but Game Theory may change or broaden its use at any
time. As noted, Game Theory may update this policy from time to time. Game
Theory may use Individual Information to provide promotional offers to
individuals by means of email advertising, telephone marketing, direct mail
marketing, online banner advertising, and package stuffers, among other
possible uses.
2.2 Email.
Game Theory uses Individual Information to provide promotional offers by email
to individuals. Game Theory may maintain separate email lists for different
purposes. If email recipients wish to end their email subscription from a
particular list, they need to follow the instructions at the end of each email
message to unsubscribe from the particular list. To unsubscribe from all Game
Theory's email lists, a person must send an email to unsubscribe@gametheory.com.
2.2(a) Content of Email Messages.
In certain commercial email messages sent by Game Theory, an advertiser's name
will appear in the "From:" line but hitting the "Reply" button will cause a
reply email to be sent to Game Theory. The "Subject:" line of Game Theory email
messages will usually contain a line provided from the advertiser to Game
Theory.
2.2(b) Solicited Email.
Game Theory only sends email to individuals who have agreed on the Website to
receive email from Game Theory or to individuals who have agreed on Third Party
websites to receive email from Third Parties such as Game Theory. Game Theory
does not send unsolicited email messages. As a result, statutes requiring
certain formatting for unsolicited email are not applicable to Game Theory's
email messages.
2.3 Targeted Advertising.
Game Theory uses Individual Information to target advertising to an individual.
When an individual is using the Internet, Game Theory uses Technology
Information (see also Section 2.5 below) to associate an individual with that
person's Individual Information, and Game Theory attempts to show advertising
for products and services in which the person has expressed an interest in the
Surveys, indicated an interest by means of Technology Information, and
otherwise. Game Theory may, at its discretion, target advertising by using
email, direct mail, telephones, cell phones, and other means of communication to
provide promotional offers.
2.4 Direct Mail and Telemarketing.
Game Theory uses Individual Information to advertise, directly or indirectly,
to individuals using direct mail marketing or telemarketing using telephones
and cell phones.
2.5 Mobile Phone
SMS Messaging.
In certain cases, when requested by an individual, a Third Party may use
Individual Information to provide customized content and advertising via SMS
messaging to an individual's cell phone. Game Theory is not responsible
for the privacy practices or the content of such Third Parties.
2.6 Use of Technology Information.
Game Theory uses Technology Information (1) to match a person's Survey
Information and Third Party List Information to other categories of Individual
Information to make and improve profiles of individuals, (2) to track a
person's online browsing habits on the Internet, (3) to determine which areas
of Game Theory's web sites are most frequently visited. This information helps Game
Theory to better understand the online habits of individuals so that Game
Theory can target advertising and promotions to them.
2.7 Profiles of Individuals.
Game Theory uses Individual Information to make a profile of an individual. A
profile can be created by combining Survey Information and Third Party List
Information with other sources of Individual Information such as information
obtained from public databases.
2.8 Storage of Individual Information.
Game Theory stores the Individual Information in a database on Game Theory
computers. Our computers have security measures (such as a firewall) in place
to protect against the loss, misuse, and alteration of the information under Game
Theory's control. Not withstanding such measures, Game Theory cannot guarantee
that its security measures will prevent Game Theory computers from being
illegally accessed, and the Individual Information on them stolen or altered.
3. Dissemination of Individual Information.
3.1 Sale or Transfer to Third Parties.
Game Theory MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR
ANY LEGALLY PERMISSIBLE PURPOSE IN GAME THEORY'S SOLE DISCRETION.
3.2 Order Fulfillment.
Game Theory will transfer Individual Information to Third Parties when
necessary to provide a product or service that a person orders from such Third
Party while using Game Theory web sites or when responding to offers provided
by Game Theory.
3.3 Legal Process.
Game Theory may disclose Individual Information to respond to subpoenas, court
orders, and other legal processes.
3.4 Summary Data.
Game Theory may sell or transfer non-individualized information, such as
summary or aggregated anonymous information about all persons or sub-groups of
persons.
3.5 Access.
Individuals have access to their Individual Information collected to provide an
opportunity for an individual to correct, amend, or delete such information.
Access can be obtained by contacting legal@gametheory.com.
Game Theory may also grant advertising clients and email services providers'
access to an individual's email address to verify the origin of the Individual
Information collected.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together, "Advertisers")
who place advertisements on the Website and on the Internet generally may use
their own cookies, web beacons, and other technology to collect information
about individuals. Game Theory does not control Advertisers' use of such
technology and Game Theory has no responsibility for the use of such technology
to gather information about individuals.
4.2 Links.
The Website and email messages sometimes contain hypertext links to the web
sites of Third Parties. Game Theory is not responsible for the privacy
practices or the content of such other web sites. Linked web sites may contain
links to web sites maintained by Third Parties. Such links are provided for
your convenience and reference only. Game Theory does not operate or control in
any respect any information, software, products or services available on such
Third Party web sites. The inclusion of a link to a web site does not imply any
endorsement of the services or the site, its contents, or its sponsoring
organization.
4.3 Affiliated Companies.
Game Theory may disclose, transfer, and sell Individual Information to entities
affiliated with Game Theory in Game Theory's discretion. Should Game
Theory be subject to an acquisition, merger, sale or other change of control or
business entity status, Game Theory reserves the right to transfer or assign
the Information collected from the Website.
5.
Individuals Outside of the United States.
Anyone using the Website outside of the United States acknowledges that
personal information will be collected and stored by Game Theory in the United
States. By using the Website, you consent to the transfer of information
to and/or storage of information outside of your country and in the United
States.
6. Unsubscribe Procedures.
6,1 If you wish to discontinue receiving email messages from Game Theory,
you have several options:
To unsubscribe from a
particular SMS messaging campaign on a cell phone, send "STOP", "END", or
"QUIT" to the SMS message received by the individual. In addition, other
methods to unsubscribe may be set forth on the website at which the individual
signed up for the SMS messaging campaign.
For more information about protecting your privacy, you may wish to visit: www.ftc.gov. If you have questions
about this policy, please contact us at legal@gametheory.com.
California User Consumer
Rights. In accordance
with California Civil Code Sec. 1789.3, California resident users are entitled
to know that they may file grievances and complaints with California Department
of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone
at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
© 2009 Game Theory, LLC. All rights reserved.