Sweety High Privacy Policy
At Sweetyhigh.com (the “Sweety High Site”), we are dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. This Privacy Policy is designed to answer your questions regarding our privacy policies and principles. Please note that, for our guests under the age of 13, you should refer to our Children’s Privacy Policy http://www.sweetyhigh.com/content/childrens_privacy.
Sweety High (the “Company”) and any and all entities that control, are controlled by, or are affiliated or under common control with the Company, now or in the future, are collectively referred to herein as "we," "us" or "our".
What information does this Privacy Policy cover?
Except as otherwise provided in this Privacy Policy, this Privacy Policy applies only to personally identifiable information collected on or through the use of the Sweety High Site.
In keeping with our policies, we refer to individuals who purchase or use our products or services as "guests." When this Privacy Policy uses the term "personally identifiable information," we mean information that identifies a particular individual, such as the individual's name, postal address, e-mail address, and telephone number. When other information (such as, for example, consumer product preferences or number of children) is directly associated with personally identifiable information, this other information also is treated as personally identifiable information for purposes of this Privacy Policy. Personally identifiable information does not include screen names (also known as member names, usernames or other online aliases) provided by our guests in the course of registering with or using the Sweety High Site, except in circumstances in which we request that guests provide their e-mail addresses as their screen names. Personally identifiable information is sometimes referred to in this Privacy Policy as "personal information." Finally, the terms of this Privacy Policy are subject to all applicable laws.
What types of personally identifiable information do we collect about our guests?
We collect several types of personally identifiable information about our guests.
Information You Provide to Us
The personally identifiable information we receive comes directly from guests who are interested in using various products and services from the Sweety High Site. For example, this information may include the guest's name, postal address, e-mail address, and telephone number. We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you purchase products or services from us, we receive information in the course of processing the purchase transaction, such as credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. You may also provide us photographs or other video materials, which may contain personal information. We may collect personal information when you register on, log on, or visit the Sweety High Site, including when you participate in activities on the Sweety High Site, such as sweepstakes, contests, games, and informational and promotional offers, and when you provide information to our customer service representatives. Finally, the Sweety High Site may offer message boards, conversation pages, chat rooms, social community environments, profile pages, and other Public Forums (as defined in the Terms of Service governing the Sweety High Site (the “Terms of Service” as well as other features in which you may provide us with Submissions (as defined in the Terms of Service http://www.sweetyhigh.com/content/terms). If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party. The rules regarding Submissions are set forth in the Terms of Service http://www.sweetyhigh.com/content/terms.
Information Collected Through Technology
We collect information through technology to make the Sweety High Site more interesting and useful to you and for various purposes related to our business. For instance, when you come to the Sweety High Site, we collect your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which our guests visit various parts of the Sweety High Site, and we may combine IP addresses with personally identifiable information.
The Sweety High Site collects information through a variety of technical methods, including cookies and Web beacons. Cookies are pieces of information that a website sends to your computer while you are viewing the website. Web beacons are small pieces of data that are embedded in images on the pages of websites that you visit. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf.
We may use the information collected through these technical methods for many purposes, including delivering content, tracking and enhancing our guests' experience on the Sweety High Site. For example, when you return to the Sweety High Site after logging in, cookies provide information to the Sweety High Site so that the Sweety High Site will remember who you are. We also may use technical methods to analyze the traffic patterns on the Sweety High Site, such as the frequency with which our guests visit various parts of the Sweety High Site, and third party websites. In HTML e-mails that we send our guests, we may use technical methods for a number of purposes, including: to determine whether our guests have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages after a guest has closed the e-mail, and to determine whether a guest has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable.
Many advertisements are managed and placed on the Sweety High Site by third parties. These companies are called "network advertisers." Network advertisers who place advertisements on the Sweety High Site may use cookies and Web beacons to collect non-personally identifiable information about your visits to the Sweety High Site and other websites in order to provide advertisements about goods and services of interest to you. Finally, please keep in mind that if you click on an advertisement on the Sweety High Site and link to a third party's website, then our Privacy Policy will not apply to your personally identifiable information collected on that third party's website and you must read the privacy policy posted on that website to see how your personally identifiable information will be handled.
How is your personally identifiable information used and shared?
As described in detail below, we may use your personally identifiable information in many ways, including sending you promotional materials and sharing your information with third parties so that these third parties can send you promotional materials. (By "promotional materials," we mean communications that directly promote the use of websites, or the purchase of products or services). As outlined elsewhere in this Privacy Policy, you may "opt-out" of certain uses of your personal information.
We use your personally identifiable information for many purposes. For example, we may use your personal information to send you promotional materials about goods and services (including special offers and promotions) either offered by us or by third parties. These promotional materials may be sent to you by postal mail, e-mail or other means. You may opt-out of receiving these communications as described below. Please keep in mind, however, that when you purchase or request products or services (or information about products or services) from the Sweety High Site, promotional materials about goods and services offered by a third party may accompany delivery of the product, service or information that you have requested. We refer to sending you promotional materials in these circumstances as "Fulfillment Uses" of your personal information. You may receive promotional materials in connection with Fulfillment Uses of your personal information, even if you have opted out of receiving promotional materials because these promotional materials accompany products, services or information that you have requested.
We may also use your personal information for many purposes other than sending you promotional materials. (We refer to all of these types of uses of your personal information that do not involve the sending of promotional materials as "Operational Uses"). For example, we may use your personal information to complete transactions requested by you (such as your purchase of a product or service offered on the Sweety High Site), or to send you administrative communications about your account with us or about features of the Sweety High Site, including any future changes to this Privacy Policy. If you have opted out of receiving promotional materials, your personal information will continue to be used for Operational Uses because these kinds of uses of your personal information do not involve sending you promotional materials.
In addition to using your personal information within the Sweety High Site we may share your personal information with companies that offer products and/or services under brand names or using other intellectual property of the Company. These companies are called "licensees." For example, a company that publishes and sells videos under the "Sweety High" brand would be such a licensee. We may also share your personal information with companies that offer products and/or services that are co-branded using the “Sweety High” brand name. These companies are called "co-branding participants." When we share personal information with third parties acting as licensees and co-branding participants, these licensees and co-branding participants are restricted from using the personal information for any marketing or promotional purpose that is not related to a licensed or co-branded product or service. Finally, these licensees and co-branding participants' use of your personal information that we share with them is subject to your ability to opt-out of the use of your personal information to send promotional materials to you.
Finally, we may take your personally identifiable information and make it non-personally identifiable information, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, nothing in this Privacy Policy restricts or limits our ability to aggregate or de-personalize your personal information or any use and/or sharing with third parties of the resulting non-personally identifiable information.
Non-Registered Transactions on the Sweety High Site
You may engage in some limited activities on the Sweety High Site without registering and logging onto the Sweety High Site. These transactions may include but are not limited to: purchasing products, entering contests or requesting additional information or promotional materials. (We refer to all of the transactions that you engage in without registering and logging on to the Sweety High Site as "Non-Registered Transactions").
If you engage in a Non-Registered Transaction on the Sweety High Site: (a) we will not share with any third party personal information that you provide during your transaction, and (b) you will have the opportunity to opt-out of allowing us to use personal information that you provide during your transaction to send promotional materials to you in the future. If you opt-out of allowing us to send you promotional materials, your opt-out status will end if you subsequently engage in a Non-Registered Transaction without electing to opt-out, in which case we will again be permitted to send you promotional materials (“New Permission”). If you engage in a Non-Registered Transaction resulting in a New Permission and, within 30 days thereafter, you opt-out or if you opt-out and, within 30 days thereafter, you engage in a Non-Registered Transaction that results in a New Permission, we may not be able to give effect to your last action (i.e., either opting out or granting a New Permission, as the case may be). Therefore, to be certain that any modification of your opt-out status will be effective, you should wait at least 30 days before modifying your opt-out status.
If you opt-out by following the procedures described in the previous paragraph, it may take up to thirty (30) days (unless a shorter time period is required by applicable law) after you opt-out for us to stop using your personal information for promotional purposes. Finally, please keep in mind that, if you have not consistently used the same postal and email addresses for communications through the Sweety High Site, or if you have used a general change of address process (such as the change of address process offered by the U.S. Post Office) after providing address information through the Sweety High Site, we may not have your correct contact information. Accordingly, we may not be able to honor your opt-out elections if we are unable to match your opt-out choices with your personal information that you previously have provided.
Finally, please remember that the opt-out elections that you make during Non-Registered Transactions will not affect the opt-out elections that you make while registered and logged on to the Sweety High Site. Similarly, the opt-out elections that you make while registered and logged on to the Sweety High Site will not affect the opt-out elections that you make during Non-Registered Transactions.
Third Parties Offering Promotions, Products, or Services
Subject to your opt-out choices, we may share your personal information with selected third parties so that they can send you promotional materials about goods and services (including special offers and promotions) offered by them. We call this type of sharing "promotional sharing" or sharing for "promotional purposes." However, we will not share your e-mail address with third parties for promotional purposes, unless you consent to such sharing in the course of your participation on the Sweety High Site. When we share your personal information with a third party under any of the circumstances described in this section, your personal information will become subject to the third party’s information use and sharing practices and this Privacy Policy will not apply to its use and further sharing of your personal information.
In addition to promotional sharing we may share your personal information when you engage in certain activities on the Sweety High Site that are sponsored by third parties, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored in whole or in part by a third party. We refer to all of these activities and requests as "Sponsored Activities." When you participate in Sponsored Activities, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate's privacy practices. By agreeing to share your personal information, you will not have the opportunity to opt-out of receiving promotional materials from “Third Parties” as provided below.
Companies That Facilitate Communications and Transactions with You
On occasion, we may engage companies to help provide products or services, like a shipping company or a company that fulfills prizes for a sweepstakes. In those instances, we need to share your personal information with these companies. We may work with other companies who help either gather your information or communicate with you, such as a company that helps to provide customer service. You will not have the opportunity to opt-out of allowing us to share your personal information with any of these companies. Nonetheless, except as otherwise permitted in this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or to facilitate compliance with laws.
Companies That You Previously Authorized to Obtain Your Personal Information
In certain circumstances, you may have authorized a third party to obtain your personal information from us and to use that information in accordance with the third party's own privacy practices and policies. In such circumstances, your election to opt-out of allowing us to share your personal information will not apply to our sharing your personal information with this third party. Under these circumstances, we will provide these third parties only the information that you authorized (except as otherwise permitted under this Privacy Policy).
Disclosures to Comply With Laws and Disclosures to Help Protect the Security and Safety of the Sweety High Site, the Company and Others
Regardless of any opt-out elections that you make, we will disclose personal information when we believe in good faith that such disclosures (a) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (b) will help to: enforce the Terms of Service; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of the Sweety High Site, and/or third parties, including the safety and security of property that belongs to us or third parties.
Purchase or Sale of Businesses
In addition, if the Company becomes involved in a merger, acquisition or other transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through your use of the Sweety High Site, could be included in the transferred assets. Visitors to the Sweety High Site will be notified via a notice on the Sweety High Site for thirty (30) days prior to a change of ownership or control of user information held by the Company.
What choices do you have about the collection, use, and sharing of your personally identifiable information?
With regard to personal information that you have provided to us, you have the ability to opt-out of giving us your consent to use your personal information. After registration, you may opt-out by logging on to the Sweety High Site, clicking on our Privacy Policy links, (sometimes called the "Member Services" or "Preference" center http://www.sweetyhigh.com/login, and following the opt-out directions. This opt-out is subject to the exceptions described further below.
Your opt-out choices are:
Third Parties : You may choose to opt-out of receiving promotional materials from third parties. If you do not choose to opt-out, we may share your personal information with third parties in order to send you these promotional materials. If you elect to opt-out, your election will apply only to the particular websites where you make these elections. Thus, if you want to opt-out of all uses of your personal information described in this section, you must make your election to opt-out when you register or when you log in and visit that website's Guest Services center.
Please keep in mind that any opt-out elections you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from the Sweety High Site, (b) "Operational Uses" or "Fulfillment Uses," (c) you either have engaged, simultaneously engage, or later engage in either Non-Registered Transactions or Sponsored Activities, or (d) sharing your personal information as described in the following sections of this Privacy Policy: "Companies That Facilitate Communications and Transactions With You," "Companies That You Previously Authorized to Obtain Your Personal Information," "Purchase or Sale of Businesses," or "Disclosures to Comply with Laws and Disclosures to Help Protect the Security and Safety of the Sweety High Site, the Company and Others." Also, any opt-out choices you make will not apply to personal information that you provide about other persons, but these other persons will have the opportunity to opt-out of receiving promotional materials.
In addition, promotional materials that we send you may be accompanied by other promotional materials that are covered by other opt-out elections you have made. We may do so even if you have opted out of receiving promotional materials covered by those other opt-out elections. For example, we may send you promotional materials accompanied by a third party’s promotional materials , even if you have previously opted out of receiving promotional materials from that third party. Any such additional promotional materials, however, will constitute only a minor part of any particular communication with you.
Finally, if you do not elect to opt-out, it may take up to ninety (90) days to implement your opt-out election. Our systems require time to update, and promotional mailings using your personal information shared before you opt-out may already be in process. Finally, please keep in mind that, if you have not consistently used the same postal and email addresses for communications through the Sweety High Site, or if you have used a general change of address process (such as the change of address process offered by the U.S. Post Office) after providing address information through the Sweety High Site, we may not have your correct contact information. Accordingly, we may not be able to honor your opt-out election if we are unable to match your new opt-out elections with your personal information that you previously have provided.
What kinds of security measures do we take to safeguard your personally identifiable information?
We take the security and confidentiality of your personal information very seriously. We have implemented technical, administrative, and physical security measures aimed at protecting personal information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our efforts, no security measures are perfect or impenetrable.
How can you update your contact information and opt-out choices?
You can access and update the contact information you gave us during registration (that is, your postal address, e-mail address, or any other information that would directly enable us to contact you), or modify your opt-out choices, by going to the “Member Services” area of the Sweety High Site http://www.sweetyhigh.com/login, and then log on with your member name and password. There are instructions on the start page of the link above to help you recover your password if you have forgotten it. If you need to recover your password, you can also contact us via e-mail at contact@sweetyhigh.com. Please include information in the e-mail that will help us identify your account so we can assist you with your request. We may also provide you an opportunity to update your contact information and/or modify your opt-out choices by sending you an e-mail or other communication that invites your response. Finally, you may unsubscribe from certain e-mail communications by clicking on unsubscribe links in those e-mails.
In some cases, your account may expire or be terminated as provided in the Terms of Service. If so, you may go to the “Member Services” area of the Sweety High Site
http://www.sweetyhigh.com/login to update your information and opt-out choices (to the extent that we still retain them).
How can you ask questions, or send us comments, about this Privacy Policy?
If you have questions or wish to send us comments about this Privacy Policy, please send an e-mail with your questions or comments to contact@sweetyhigh.com or write us at:
Sweety High
c/o Stubbs Alderton & Markiles, LLP
15260 Ventura Blvd., 20th Floor
Sherman Oaks, CA 91403
Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.
How will disputes relating to personal information be resolved?
If there is any dispute or claim that arises out of or relating to your use of the Sweety High Site or this Privacy Policy, you and the Company will attempt in good faith to negotiate a written resolution. If the dispute remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, you and the Company will join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
How will you know if we amend this Privacy Policy?
We may amend this Privacy Policy at any time. If we amend this Privacy Policy to permit material changes in the way we collect, use, and/or share your personal information, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of such amendment on the Sweety High Site. Any such amendment to this Privacy Policy will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Sweety High Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the amendment described in the notice. In any event, an amendment to this Privacy Policy may permit material changes in the way we use and share personal information that you provided us prior to our notification to you of such amendment. If you do not agree to such changes, your only remedy is to stop using the Sweety High Site and, if you notify us that you do not agree to such changes, we may choose to deactivate your account. Please be advised, however, that, regardless of whether you provide such notice to us, any such amendment to this Privacy Policy will apply to any personal information that you provide to us on or after the effective date of such amendment.
What additional privacy protections do we provide for children under the age of 13 who visit the Sweety High Site?
We recognize the need to provide additional privacy protections for children who visit the Sweety High Site. To read about our protections for children who are under the age of 13, please read Sweety High’s Children’s Privacy Policy http://www.sweetyhigh.com/content/childrens_privacy.
© 2010