Last Updated: December 13, 2010
GorillaSpot, Inc., the owner of Reelcards ("GorillaSpot", "we", "us" or "our") is strongly committed to protecting the privacy of personal information of each visitor, user or member (each, a "user", "you", or "your") of the GorillaSpot.com website (the "Website") and the GorillaSpot digital greeting card application operated by GorillaSpot on third-party websites not owned or operated by GorillaSpot (the "Application"). We have established this Privacy Policy to let you know:
the kinds of personal information we may gather
why we gather such information and how we do so
what we use your personal information for
when we might share your personal information
how you can access and update your personal information
how we protect the information we store about you
Please note that this Privacy Policy applies to the Website and the Application. It does not apply to the third-party websites not owned or operated by GorillaSpot by which you may access the Application (the "Third-Party Access Sites"). Examples of Third-Party Access Sites include but are not limited to (i) social networking sites such as Facebook, or (ii) the websites of the video clip owners such as South Park Studios. You will be required to read and accept the privacy policy of the Third-Party Access Sites.
By visiting the Website or Application, you are accepting the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website and Application. We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of the Website or Application following the posting of changes to these terms will mean you accept those changes. If we intend to apply the modifications or amendments to this Privacy Policy retroactively, we will provide you with notice of the modifications or amendments.
You can always find the most recent version of our privacy policy on this page. If you have any questions about this Privacy Policy or don't see your concerns addressed here, you should contact us by email at privacy@GorillaSpot.com.
As the Website and Application continue to develop, we may add new services and features. In the event that these additions affect our Privacy Policy, this document will be updated appropriately and the "last updated" date will be changed. We recommend that you read this Privacy Policy if it has been updated since the last time you have read it.
Information We Collect
We adhere to the highest standards of ethical practices in all of our operations and are dedicated to protecting the privacy of our users. When you use the Application, you allow us to access certain information from your profiles that you may have on the Third-Party Access Sites. The information you allow us to access is influenced by the privacy settings you establish at the Third-Party Access Sites. You can control and find out more about these settings at the Third-Party Access Sites. For example, we may access and store some or all of the following information, as allowed by you, the Third-Party Access Sites and your preferences:
your first and last name
your profile picture or its URL
your user ID number, which is linked to publically available information such as name and profile photo
the user ID numbers for your friends that are also connected to the Application
the login e-mail you provided to the Third-Party Access Site when you registered
your physical location and that of your access devices
your gender
your birthday
You authorize us to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the Third-Party Access Sites could provide to us through the Third-Party Access Sites' Application Programming Interface ("API"). Your authorization takes place when you opt-in to the Application on a Third-Party Access Site, or when you access a web page on a Third-Party Access Site that contains the Application.
So that we can provide you with the most enhanced user experience, for those Third-Party Access Sites that do not maintain user profiles, APIs or opt-in pages, and on the Website, we may ask you to create a user profile accessible through a confidential password and nickname that you select. During the profile setup process, we may collect identifiable information about you such as:
your first and last name
your profile picture or its URL
your email address
user ID number, which is linked to publically available information such as name and profile photo
the user ID numbers for your friends that are also connected to the Application
your physical location and that of your access devices
your gender
your birthday
a profile photo
your interests and hobbies
your occupation
biographic details that you provide
links to your profiles on various Third-Party Access Sites
a GorillaSpot user ID number, created by GorillaSpot and used to identify you.
Your first and last names and profile picture of the user profiles are considered public information, and search engines may index this publicly available information. When we offer profiles, we will also offer functionality that allows you to opt-out of public indexing of your public profile information.
We may also offer you the ability to import your address book contacts or manually enter email addresses so that you can locate your contacts on the Website or Application, and invite those contacts to join you in the Application. We may store those contacts for purposes of helping you and your contacts make connections in the Website or Application. When we offer the aforementioned functionality, you will have the ability to prevent the storing of your contact information.
We also collect and store information that you enter into the Website or Application or that you provide through our help desk, customer service representatives, or requests for more information. Registration may also be required and personal information may also be collected in certain portions of the Website or Application in which you specifically and knowingly provide such information, e.g. community postings. We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database.
If you access the Website or Application on your mobile telephone or other mobile device, we collect your unique device identifier and may collect your telephone number, country, and other information you choose to provide, such as user name, character name, location or e-mail address (i.e., to receive updates about the Application).
If you purchase a digital greeting card, we may collect the billing and financial information necessary to process your charges, including your postal and e-mail addresses, depending on your payment method. We may also receive the billing and payment information that you provide when you make a purchase via a mobile device. We use and store this data in the same manner as billing and payment data collected from non-mobile visitors. Please note that purchases of Facebook Credits are subject to Facebook policies.
We receive and store the information you provide, including your telephone number, when you sign up to have SMS notifications sent directly to your mobile phone. These messages notify you of greeting card activity and may allow you to visit the Website or Application from your phone. You can adjust the types of notifications you receive and when you receive them by editing your SMS notification settings.
We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer.
Also, like many websites, we use "cookies", which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. We use cookies to track use of the Website and Application. We may also use cookies to monitor traffic, improve the Website or Application and make it easier and/or relevant for your use. You may occasionally get cookies from companies advertising on our behalf. We do not control these cookies, and these cookies are not subject to this Privacy Policy.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. If you disable cookies, you may lose some of the features and functionality of the Website and Applications. Please note that companies delivering advertisements in our games or on our websites may also use cookies or other technologies, and those practices are subject to their own policies. For more information on cookies and how to disable them, you can consult the Interactive Advertising Bureau at www.allaboutcookies.org.
If we run a contest or sweepstakes relating to the Website or Application, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed, if it is different than as described in this Privacy Policy. In conjunction with your entry in such contest or sweepstakes, personal information will be collected only if you voluntarily submit it to our sponsors or us.
How We Collect Information about You
When you create a greeting card, we collect and store certain profile information that you provide directly or through the Third-Party Access Sites. To provide a richer interactive and social experience, we also collect information about your greeting cards and their recipients. The bulk of this information is collected and stored through the use of web logs, which are files on our web servers that record actions taken on the Application and Website.
You may be able to take part in certain activities on our Website or in the Application that give you the opportunity to communicate or share information not just with us, but also with other users. These include participating in forums and message boards; posting public comments to other users activities; sending messages or invitations to other users, either directly on our websites or to their e-mail accounts; and chats with other users. We may record and store archives of these communications on our servers and you acknowledge and consent to the recording and storage of such communications.
Please remember that any information you share in public areas, such as message boards or feedback sections, becomes public, and therefore this Privacy Policy does not apply to any information you choose to make public. Please be careful about what you disclose and do not post any personal information that you expect to keep private.
When you access the Website or Application, we collect certain technical information in order to (i) analyze the usage of our sites and services which allows us to improve the service, (ii) provide a more personalized experience and (iii) manage advertising. We and service providers acting on our behalf, such as Google Analytics, use server log files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of activity, and other similar information. In some cases, we will associate this information with your user ID number for our internal use.
We may collect or receive information from other sources including other users who choose to upload their contacts, and third party information providers. This information may be used to supplement your profile and may be combined with other information we collect.
How We Use the Information We Collect
We use the information we learn from you to help us personalize and continually improve your experience on the Website and Application. For example, we may use information collected from you in any one or more of the following ways:
to create a profile
to provide greeting card content and improve the creation of cards
to identify and suggest connections with other users
to enable user-to-user communications
to provide technical support and respond to user inquiries
to prevent or detect fraud or potentially illegal activities
to notify users of updates
to communicate about new and current content and functionality
to solicit input and feedback to improve our product offering
to customize your user experience
to resolve disputes, collect fees, and troubleshoot problems
to analyze trends and user traffic and gather statistical information
to inform users about new products or promotional offers
to enable third parties to carry out technical, logistical or other functions on our behalf
One important use of your information is communication. If you have provided your e-mail address, we'll use it to respond to customer support inquiries, and keep you informed of greeting card activity, including comments from friends, notifications. We may also send promotional e-mail messages and promotional SMS messages directly or in partnership with parties other than GorillaSpot.
You always have the choice to stop receiving promotional communications by following unsubscribe instructions provided or by editing your preferences. Please note that despite your indicated e-mail preferences, we may still send you administrative messages, including, for example, administrative confirmations, and notices of updates to this Privacy Policy.
We may use your personal information to fulfil orders, provide customer service, track your compliance with the Website's or Application's rules and regulations, or for editorial and feedback purposes (to the extent that is explained when you provide the information). In the event we plan to publicly post any of your personal information on a website (as, for instance, a letter), we will request your permission to provide such posting.
When you interact with the Website or Application, our servers may keep an activity log that does not identify you individually ("Anonymous Information"). Generally, this information is collected though "traffic data". We collect and store certain administrative and traffic information with each use of the service or Website including: source IP address, time of access, date of access, web page(s), software crash reports, type of browser used, session identification number, search terms, search results, access times and referring websites addresses.
We use information that is not personally identifiable to help us determine how users use the Website and Application and who our users are so we can improve our product offering and ensure that it is as appealing as we can make it for as many people as possible. We also use Anonymous Information to provide statistical "ratings" information in aggregated form to our partners and other third parties about how our users collectively use the Website and Application. We may also use or share Anonymous Information (or other information, other than personal information) in any other manner that we deem appropriate or necessary.
We occasionally have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as marketing, analytics, credit card processing, shipping or stocking orders, providing customer service, fraud protection, etc. These entities have access to the personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that personal information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to GorillaSpot.
We may share non-personal information with our partners and others from time to time. Examples of such non-personal information include the number of users who visited the Website or Application during a specific time period. This information generally is shared in an aggregated form.
We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend the our rights or property, the Website, the Application or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website, the Application or the public.
Sharing of Your Information
We will share your information (in some cases personal information) with third parties in the following circumstances.
We will provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf.
In a completed greeting card that you send, the recipient and others will be able to see your name or pseudonym with a link back to your profile either on the Third-Party Access Site or on the Website.
We do not actively share personal information with third party advertisers for their direct marketing purposes unless you give us your consent. If we wish to share in this fashion, we will ask for your consent. Advertisers, however, may obtain public information about you from your profile or other public sources.
We may use and share with third parties certain technical information (including IP addresses) or aggregated information to show general demographic and preference information among users. We may also allow advertisers to collect technical or aggregated information, which they may share with us, with tracking technologies like cookies. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). To learn more about targeting advertising or to opt-out of this type of advertising for participating ad networks, you can visit the Network Advertising Initiative website.
Our collection, use, and disclosure of anonymous and aggregated information are not subject to any of the restrictions in this Privacy Policy.
Our purchase pages may display an "offer wall" that is hosted by an offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These are not offers made by us, but may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by us or a Third-Party Access Site. To properly credit user accounts and to prevent fraud, a unique identifier, in some cases your user ID number, will be shared with the offer wall provider. This identifier is used to ensure proper crediting of your account, prevent fraud or duplicate offers and to resolve any customer service inquiries that may arise. Once you complete an offer, you will then return to the Website or Application.
Your information, and the contents of your private online communications, may be accessed and disclosed (i) in response to legal process (for example, a court order, search warrant or subpoena); (ii) when we have a good faith belief that we are required to disclose the information in response to legal process; (iii) in other circumstances in which we believe the Website or Application are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction); (iv) when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; and (v) when necessary either to protect our rights or property including to enforce our policies, or for us to render the services you have requested.
In the event that GorillaSpot undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to our privacy practices will occur as a result of the business transition, we will notify you and other users of the business transition prior to transferring your personal information.
The Website and Application are not intended for children under the age of 13, and we do not knowingly collect personal identifiable information from children under 13 years of age. If you are under 13 years of age, you should not use this Website or Application, and under no circumstance should you send information about yourself to us. If we discover that a child under the age of 13 has provided us with personally identifiable information, we will immediately delete such information from our records.
How to Access and Update Your Information
To manage the information we receive about you from Third-Party Access Sites, you will need to follow the instructions at that site for updating your information and changing your privacy settings.
Once we receive your information from a Third-Party Access Site, that information is stored and used by us in accordance with this Privacy Policy, and you may access and update that information as described below.
If you no longer want us to make active use of your information, you may send an e-mail to privacy@GorillaSpot.com. Place "Delete My Account" in the subject line and include your first name, last name, e-mail address and user ID number for the Third-Party Access Site, if applicable, in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Website or Application, we may not be able to delete it.
If you wish to review or change the information we have about you, or if you have additional questions about this Privacy Policy, please e-mail us at privacy@GorillaSpot.com.
Your Sharing and Messaging Options
If you visit the Application on a Third-Party Access Site, we will be able to access and store profile and other information about you as described above. The categories of information you share with us will depend, in part, on the privacy settings you have established at the Third-Party Access Site where you access the Application. Many Third-Party Access Sites allow you to control how you share information with third-party applications and websites, such as the Application, through your privacy settings on each Third-Party Access Site. We do not control what privacy settings those sites make available to their users, so we refer you to the privacy policies that are posted on those sites to learn what options they make available to their users.
You can choose to opt out of receiving additional promotional e-mails from us by clicking on the "unsubscribe" link in any such e-mail. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe request or e-mail preference change will be processed promptly, and in no event longer than 10 business days. You can opt out of receiving SMS messages by texting STOP to the number we send from for that particular SMS program.
You may always opt-out of receiving future e-mail messages and newsletters from us. We provide you with the opportunity to opt-out of receiving communications from us at the point where we request information about you. We also give you access to a broad range of information about your account to permit you to correct or update personal information that you have previously provided to us. To do so, you can send us a message at privacy@GorillaSpot.com.
When you install our apps on your mobile device you can choose to receive push notifications. These notifications can be turned off by modifying your mobile device settings for notifications.
Note that if you opt-out of our promotional communications, we may still e-mail or communicate with you from time to time if we need to provide you with information or if we need to request information from you with respect to a transaction initiated by you or for other legitimate non-marketing reasons.
The Website may contain advertisements from companies other than GorillaSpot. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
Security of Your Information
We utilize security measures to protect the security of your information, and we are committed to the protection of your information which is stored in secure operating environments that are not available to the public. For user accounts registered directly with us, profile information is protected by the password you use to access your online account. It is important that you protect and maintain the security of your account and that you immediately notify us of any unauthorized use of your account. If you forget the password to your account, the website allows you to request that instructions be sent to you that explain how to reset your password. When you sign into your account or enter payment information (such as a credit card number when purchasing virtual currency), we encrypt the transmission of that information using secure socket layer technology ("SSL").
While we take precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access.
We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your Third-Party Access Site account is hacked, this may lead to unauthorized use of the Website or Application, so be careful to keep your account information secure. If you have questions about the security of our websites, please contact us at privacy@GorillaSpot.com.
You promise to: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GorillaSpot has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GorillaSpot has the right to suspend or terminate your account and refuse any and all current or future use of the Website and Application (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website and Application. Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
California Civil Code permits users who are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@GorillaSpot.com
The Website and Application are published in the United States. We make every effort to protect the personal identifiable information of all users of the Website and Application. We attempt to comply with local data protection and consumer rights laws to the extent they may apply to our services. If you are uncertain whether this privacy policy conflicts with the applicable local privacy laws where you are located, you should not submit your personal information to us.
If you are located within the European Union, you should be aware that your personal identifiable information will be transferred to the United States of America, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
Contact Us
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to privacy@GorillaSpot.com.
