Juice Wireless, Inc. respects the privacy of its customers, whether they create and make available their own JuiceCaster Web Logs ("JuiceCasters") or simply use the JuiceCaster Network (including www.JuiceCaster.com, the "JuiceCaster Website") to search and access the JuiceCaster Web Logs of others. The following policy (the JuiceCaster Network "Privacy Policy") is designed to inform you, as a user of the JuiceCaster Network, about the types of information that Juice Wireless may gather about or collect from you in connection with your use of the JuiceCaster Network. It also is intended to explain the conditions under which Juice Wireless uses and discloses that information, and your rights in relation to that information.
BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING OR USING ANY PART OF THE JUICECASTER NETWORK, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY AND TO THE JUICECASTER NETWORK TERMS OF SERVICE. IF YOU HAVE NOT READ AND UNDERSTOOD, OR IF YOU DO NOT AGREE WITH THE TERMS OF, THIS PRIVACY POLICY, DO NOT MAKE ANY FURTHER ATTEMPT TO ACCESS OR USE THE JUICECASTER NETWORK.
Changes to this Privacy Policy are discussed at the end of this document. Each time you use the JuiceCaster Network, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the JuiceCaster Network you should check the effective date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the JuiceCaster Network.
Use of JuiceCaster Network Restricted to United States Residents
The JuiceCaster Network is located in the United States of America and is intended for use only by United States residents. Accordingly, Juice Wireless does not intend to, and will not knowingly, collect information from or about people who are located outside of the United States. You may not use this service if you are not a United States resident.
Gathering, Use and Disclosure of Non-Personally-Identifying Information
Users of the JuiceCaster Network Generally
"Non-Personally-Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. "Personally-Identifying Information", by contrast, is information such as a name, email address or mobile telephone number that, without more, can be directly associated with a specific person or entity.
Like most website operators, Juice Wireless gathers from users of the JuiceCaster Network Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user's Internet Protocol ("IP") address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the JuiceCaster Network.
Juice Wireless analyzes Non-Personally-Identifying Information gathered from users of the JuiceCaster Network to help Juice Wireless better understand how the JuiceCaster Network is being used. By identifying patterns and trends in usage, Juice Wireless is able to better design the JuiceCaster Network to improve users' experiences, both in terms of content and ease of use. From time to time, Juice Wireless may also release the Non-Personally-Identifying Information gathered from JuiceCaster Network users in the aggregate, such as by publishing a report on trends in the usage of the JuiceCaster Network.
Web Cookies
A "Web Cookie" is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. Juice Wireless uses Web Cookies to track the pages that users visit during each JuiceCaster Network session, both to help Juice Wireless improve users' experiences (for example, by sparing users from having to repeatedly view the same welcome message) and to help Juice Wireless understand how the JuiceCaster Network is being used.
As with other Non-Personally-Identifying Information gathered from users of the JuiceCaster Network, Juice Wireless analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Juice Wireless, its advertisers and others better understand how the JuiceCaster Network is being used. Juice Wireless does not attempt to link information gathered using Web Cookies to Personally-Identifying Information.
JUICE WIRELESS USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE JUICECASTER NETWORK, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE JUICECASTER NETWORK MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. JUICECASTER NETWORK USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
Wireless Cookies
A "Wireless Cookie" performs the same function in relation to a mobile telephone or other wireless device as a Web Cookie performs in relation to a computer. As with Web Cookies, Juice Wireless uses Wireless Cookies to track the pages that users visit during each JuiceCaster Network session, both to help Juice Wireless improve users' experiences and to help Juice Wireless understand how individuals are using the JuiceCaster Network. Juice Wireless also analyzes and discloses in aggregated form information gathered using Wireless Cookies. Juice Wireless does not attempt to link information gathered using Wireless Cookies to Personally-Identifying Information.
Collection, Use and Disclosure of Personally-Identifying Information
JuiceCaster Registration and Age Verification
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person or entity. Juice Wireless collects a range of Personally-Identifying Information from and about JuiceCasters. Much of the Personally-Identifying Information collected by Juice Wireless about JuiceCasters is information provided by JuiceCasters themselves at the time they create their JuiceCaster Network accounts. That information includes each JuiceCaster's username, first and last name, email address, birth date, gender, mobile phone number and zip code. The rest is information that JuiceCasters provide through their JuiceCaster Web Logs or JuiceCaster profiles.
Juice Wireless also collects additional Personally-Identifying Information from those JuiceCasters who participate in Juice Wireless's age-verification process. Juice Wireless will not collect such additional information without specifically asking for it. Juice Wireless will ask for debit or credit card account information in order to verify that the JuiceCaster is age 18 or over. Juice Wireless will also supplement that information with Personally-Identifying Information it gathers to verify the validity of account information provided through third-parties or may verify age through public sources. A JuiceCaster's debit or credit card account information provided for the purposes of the age verification process is not maintained by Juice Wireless.
Users of the JuiceCaster Network are under no obligation to provide Juice Wireless with Personally-Identifying Information of any kind, with the caveat that a user's refusal to do so may prevent them from becoming a JuiceCaster or from accessing materials suitable only for adults age 18 or older.
BY REGISTERING TO BECOME A JUICECASTER OR BY PARTICIPATING IN JUICE WIRELESS'S AGE-VERIFICATION PROCESS, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS "COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION" SECTION. IF YOU DO NOT CONSENT TO SUCH USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION, YOU MUST NOT REGISTER TO BECOME A JUICECASTER OR PARTICIPATE IN JUICE WIRELESS'S AGE-VERIFICATION PROCESS.
JuiceCaster Web Logs and JuiceCaster Profiles
Certain Personally-Identifying Information collected from JuiceCasters is disclosed as a matter of course as a result of those JuiceCasters' use of the JuiceCaster Network. Each JuiceCaster's user name, for example, appears in connection with their JuiceCaster Web Log and in their JuiceCaster Profile. JuiceCasters who do not wish to be personally associated with their JuiceCaster Web Logs should choose user names that do not describe, relate to or otherwise identify them, and should decline to provide Personally-Identifying Information in their JuiceCaster profiles or JuiceCaster Web Logs. JuiceCasters who wish to be personally associated with their JuiceCaster Web Logs may disclose Personally-Identifying Information by any means they choose, including through their user names and in their JuiceCaster profile and JuiceCaster Web Logs. JUICECASTERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.
JuiceCasters have the option of creating multiple user profiles for each mobile phone number. Except to the extent otherwise provided below in the section on "Other Disclosures," the complete list of user profiles associated with a given phone number will not be disclosed to third parties. It is the responsibility of JuiceCasters, in their discretion, to keep confidential or disclose to third parties the different user profiles associated with a single, unique mobile phone number.
Optional Search for JuiceCasters by Actual First and Last Name
The JuiceCaster Network permits users to search for JuiceCaster Web Logs and JuiceCaster profiles by the actual first and last names of the associated JuiceCaster. If you wish others to be able to search for your JuiceCaster Web Log or JuiceCaster profile by your actual first and last name, you must check the Make Searchable box during the JuiceCaster registration process. If you do not wish others to be able to search by your actual first and last name, you should ensure that the Make Searchable box remains unchecked. JuiceCasters who wish to change their election after they have registered may do so at any time by logging in to their accounts at www.JuiceCaster.com or through any Internet-based website that provides access to the JuiceCaster Network (each, a "JuiceCaster Network Partner Site").
DMCA Infringement Notifications, Notices of Violations of JuiceCaster Network Terms of Service and Other Communications Directed to Juice Wireless, Inc.
By submitting a DMCA Infringement Notification, Notice of Violation of JuiceCaster Network Terms of Service or other communication (including communications about content stored on or transmitted through the JuiceCaster Network) you consent to have such communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For Notices of Violations of JuiceCaster Network Terms of Service or other communications (but not DMCA Infringement Notifications), upon request we will edit out your name and contact information. However, DMCA Infringement Notifications (including any Personally Indentifying Information set forth in the Notifications) will be forwarded as submitted to us without any deletions. See Terms of Service for notification procedures. www.JuiceCaster.com
Other Disclosures
As described in the previous sections titled "JuiceCaster Web Logs and JuiceCaster Profiles" and "Optional Search for JuiceCasters by Actual First and Last Name," JuiceCasters may, at their option, disclose their own Personally-Identifying Information by any means they choose, including without limitation through their user names and in their JuiceCaster profile and JuiceCaster Web Logs. Juice Wireless, however, will disclose Personally-Identifying Information only to those Juice Wireless employees, contractors, affiliates, vendors and suppliers who: (i) process Personally-Identifying Information on Juice Wireless's behalf or participate with Juice Wireless in the provision or operation of the JuiceCaster Network; and (ii) agree not to use or disclose Personally-Identifying Information received from Juice Wireless other than in accordance with this Privacy Policy. Juice Wireless also will disclose Personally-Identifying information under the following circumstances:
By Law or to Protect Rights - Juice Wireless discloses Personally-Identifying Information when required to do so by law, or in response to a subpoena or court order, or when Juice Wireless believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Juice Wireless, third parties or the public at large.
Marketing Communications - Juice Wireless will email JuiceCasters about products and services that Juice Wireless believes may be of interest to them. Juice Wireless also will provide JuiceCasters' email information to third parties, so that those third parties may contact JuiceCasters directly about additional products and services. JuiceCasters, however, may opt-out of having their email information provided to third parties either at the time they register to become JuiceCasters or at any time after by logging in to their accounts at www.JuiceCaster.com or through any Internet-based JuiceCaster Network Partner Site. Even after opting-out, a JuiceCaster may continue to receive marketing emails from third parties to whom Juice Wireless already has provided the JuiceCaster's email information. JuiceCasters will be responsible for contacting such third parties directly to request cessation of further marketing emails. Juice Wireless will not itself, and will not provide mobile telephone information to others to, send marketing communications via mobile telephone text message except to those JuiceCasters who specifically consent to receive such messages.
Business Transfers; Bankruptcy - Juice Wireless reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, creation of a separate business to provide the Juicecaster Network, JuiceWireless' services or sale or pledge of Juice Wireless' assets as well as in the event of or bankruptcy or receivership. . Information about JuiceCasters, including Personally Identifying Information, may also need to be disclosed in connection with a commercial transaction where JuiceWireless, or its affiliates, is seeking financing, investment, support or funding. However, other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
Unpaid Accounts - When a person or entity fails to pay any balance owed Juice Wireless in connection with the JuiceCaster Network, Juice Wireless may, as permitted by law, report that person or entity, including without limitation information concerning the balance owed and other of the person or entity's Personally-Identifying Information, to consumer credit reporting services, collection agencies and others.
Contests, Giveaways and Surveys
From time to time, Juice Wireless may offer JuiceCaster Network users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. From time to time, Juice Wireless may also ask JuiceCaster Network users to participate in surveys designed to help Juice Wireless improve the JuiceCaster Network. Any Personally-Identifying Information provided to Juice Wireless in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.
Collection and Use of Information by Third Parties
Third Party Vendors and Suppliers
Juice Wireless contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Juice Wireless, other than in accordance with this Privacy Policy.
Third Party Websites
Third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. Juice Wireless neither owns nor controls the third-party websites and wireless websites accessible through the JuiceCaster Network. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third-party website or wireless website, whether by means of an advertisement or link on the JuiceCaster Network or otherwise, and before providing any Personally-Identifying Information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or wireless website, and should take those steps necessary to, in those users' discretion, protect their privacy.
JuiceCaster Network Partner Sites
In the same way that Juice Wireless does not own or control the third-party websites and wireless websites accessible through the JuiceCaster Network, Juice Wireless does not own or control the community of websites and wireless websites that provide access to the JuiceCaster Network (each a "JuiceCaster Network Partner Site"). JuiceCaster Network Partner Sites are independent contractors of Juice Wireless. Accordingly, JuiceCaster Network Partner Sites are not bound by this Privacy Policy. Before accessing a JuiceCaster Network Partner Site, whether to get to the JuiceCaster Network or for any other purpose, JuiceCaster Network users should inform themselves of the privacy policies and/or practices of that JuiceCaster Network Partner Site and, as in the case of any other third-party website or wireless website, should take those steps necessary to protect their privacy.
Protection of Personally-Identifying Information
Juice Wireless has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of Personally-Identifying Information.
Access
Juice Wireless wants JuiceCasters' Personally-Identifying Information to be accurate and complete. Juice Wireless permits JuiceCasters and others about whom Juice Wireless stores Personally-Identifying Information to freely update, correct, or delete that information. To do so, those individuals need only log in to their accounts at www.JuiceCaster.com or through any Internet-based JuiceCaster Network Partner Site, or contact JuiceCaster Customer Service at support@JuiceCaster.com.
Privacy Policy Changes
The Effective Date of this Privacy Policy is set forth below. Please make special note of the Effective Date of this Privacy Policy. Juice Wireless may revise and update this Privacy Policy if its practices change, as technology changes, or as it adds new services or change existing ones. If any changes are made to this Privacy Policy you will know because the Effective Date of the Privacy Policy will change. If Juice Wireless ever chooses to use any Personally Identifying Information in a manner that is materially different from that stated in the Privacy Policy in effect at the time such information was collected, Juice Wireless will only do so with your permission. If you do not consent, your Personally Identifying Information will be used as agreed to under the terms of the privacy policy in effect at the time that information was obtained but you may not be able to use the JuiceCaster Network or Juice Wireless services in the future. By using the JuiceCaster Network after the Effective Date, you are deemed to consent to the then-current privacy policy so check the Privacy Policy effective date regularly.
Disputes
Any disputes under this Privacy Policy will be subject to the JuiceCaster Network's Terms of Service. [www.JuiceCaster.com]
This policy is effective as of and was last updated on August 16, 2006.
