PopularMedia, Inc. Privacy Policy

Effective Date: June 9, 2008

Your Privacy

This privacy statement (this "Statement") describes the types of information that PopularMedia, Inc. ("PopularMedia" or "we") collects from users of the Web sites we own and operate, including our corporate Web site (www.popularmedia.com) and the Web sites that our clients (each, a "Client") use to access the services we provide to them (the "Services"). This Statement also describes our Services, including our hosted Social Media Marketing suite that includes PopularMedia Conversation™, PopularMedia Share™, PopularMedia Importer™, and PopularMedia Insights™. This Statement also contains our end user ("User") opt-out mechanism. Unless otherwise provided in this Statement, this Statement does not cover our offline data practices.

This Statement is effective as of the date set forth above. We encourage you to check this Statement from time to time. If we make material changes that will affect any personally identifiable information that we have already collected from you, we will make reasonable efforts to notify you of the changes and to give you the opportunity to opt out. Your continued use of this Web site constitutes your acceptance of the current posted privacy policy. If you have questions about our privacy policy, please contact us at the address set forth below.

Privacy policy for the PopularMedia Web Sites

PopularMedia is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because PopularMedia wants to demonstrate its commitment to your privacy, we have agreed to disclose our information practices and have our privacy practices reviewed for compliance by TRUSTe.

You can visit and navigate through our main, corporate Web site (www.popularmedia.com) to gather information about our company and Services without telling us who you are and without revealing any personal information. We can, however, collect certain anonymous information from your visit to our corporate Web site as described in the "Cookies and Passive Date Collection" section below. If you are a Client, you will be required to enter certain information that can identify you personally (such as username and password) in order to access our password protected applications available through the PopularMedia Client Center (www.popularmedia.com/clientcenter).

You may wish to request information about our Services or our company. In order to facilitate the distribution of this content, you will be asked to provide information that could identify you personally, such as your name, company, title, phone number, email address, site name, URL, and/or address. Based on the nature of your request, PopularMedia may also ask for additional information, such as number of page views your site receives, how you anticipate you will make use of our Services, and how you heard about us. Again, all of this information is provided by you on a voluntary basis only and is not required in order for you to use and enjoy our corporate Web site.

PopularMedia may use the information that you provide to us to contact you to further discuss your interest in our company and our Services, and to send information regarding our company or partners (such as marketing promotions and events). This information may also be used to improve the Services we provide you. The information is collected and stored in a manner that is appropriate for the nature of the data that we collect and the need to fulfill your request. This information is not shared with third parties for their own use, unless you specifically authorize such sharing.

When we are contacted via email, we answer by sending an email response to the sender. We also store the email we receive for archival purposes and for our own marketing purposes if we feel that it is consistent with the nature of the inquiry. We will not use return email addresses for any other purpose unless you give us permission to do so.

We may in connection with our Web sites use the services of third parties (i.e., technology consultants, CRM vendors, etc.), who may, in the course of providing services to us, be given access to the information you have provided to us. Each of these service providers is contractually obligated to provide services to us in a manner consistent with this Statement.

Our Web sites may contain links to other Web sites, such as those of our customers and partners. PopularMedia is not responsible for the privacy practices or the content of such Web sites. We encourage all Users to read the privacy policies of each and every Web site visited when linking directly from the PopularMedia Web sites. Other companies, known as third-party ad servers, may also be allowed to display advertisements on the PopularMedia Web sites. Ad servers may also use these tools to compile information about where Users saw particular advertisements, and to determine which ads were clicked.

PopularMedia's Web site(s) are not intended to nor do they seek to receive information from children under the age of 13.

PopularMedia's Provision of Services to Clients

PopularMedia is an application services provider, meaning that we host a software application that our Clients access via the worldwide web. PopularMedia requests its Clients to comply with their internal terms of service and privacy policies that govern their information collection practices. You should familiarize yourself with the privacy practices of any Web site you visit to understand what information the Web site collects, how the information is used, what choices you have, how to access the information and how it is safeguarded.

Company Data

Each of our Clients understands that in the course of providing Services to it, we collect or receive information about such Client's customers or Users ("Company Data"). Some Company Data is received by us directly from the User's Web browser as described in the "Cookies and Passive Date Collection" section below. To combat online fraud, the IP address of the User may be recorded when submitting such information.

Company Data may also include personally identifiable information that is affirmatively provided to our Client by a User. This information may include first and last name, email address, mailing address, telephone number, and other information that can identify the User. We will use the personally identifiable User information for the purposes of providing the Services to our Client. For example, email addresses of Users may be used to send notification of promotions being run by our Client. PopularMedia will not sell, market, or distribute the personally identifiable information of Users in any way to third parties, except as specifically provided for in the section below entitled "Law Enforcement." Any User may decline to share his or her personally identifiable information by simply choosing not to participate in the programs being provided by PopularMedia and/or our Client. Alternatively, any User may elect to remove any such information from our database by contacting us at info@popularmedia.com and providing us with the name of the Web site(s) to which they submitted such information.

PopularMedia keeps all Company Data strictly confidential, and we do not permit access to Company Data except as directed by our Client. All Company Data is stored and handled separately for each Client. We do not share or commingle Company Data between or among our Clients. PopularMedia does anonymously compile aggregated statistics from Company Data from its Clients for a variety of internal and marketing purposes. Such purposes include determining appropriate levels of hardware and numbers of employees that will be needed to provide Services to its Client base and reporting numbers of Clients and/or Web sites that use the Services. PopularMedia also offers its Clients access to this aggregated data in connection with the Services it offers to them. However, this aggregated data is not used in any way that can identify an individual Client or person.

Address Book Contact Data

As a convenience to our Client's Users that utilize major email clients (such as but not limited to Hotmail, Yahoo!, MSN Outlook, AOL, and Gmail), we may allow such Users to access their existing email address books through the Web site of our Client as part of the Services provided to that Client. This access is accomplished via an address book Contact Importer application program interface (the "PopularMedia Importer") that our Client licenses from us. Use of this tool makes it faster and easier for Users to make communications with other persons and, for example, share the offers of our Clients with other persons and earn potential rewards. We take the following steps to protect the privacy of Users who access their email address book data and of the people listed in their email address books, including those Users that access the PopularMedia Importer on a demonstration or trial basis.

  1. Protection of login and password information

    2. Each User must enter her email username and password into PM's Web site in order to access her address book(s). During the login process, the username and password data is held in a temporary file, which is erased as soon as the process has been completed or terminated. We do not keep any records of usernames or passwords, nor do we allow others to access any User's username or password information.

  2. Separate Sets of Keys for each Web site

    3. In order to make use of the PopularMedia Importer, each Client must obtain from us a Web service application program interface key (an "API Key") and a secret key (a "Secret Key" and together with the API Key, the "Keys"). Separate sets of Keys must be obtained from us for each specific Web site on which s/he intends to use the PopularMedia Importer. Each Client is responsible for maintaining the confidentiality of her or his Keys.

  3. Protection of email addresses

    4. We are committed to protecting the privacy of Users and those persons with whom they communicate. We do not record or store any personally identifying information contained in address books, nor do we allow others to do so. Users are responsible for choosing the email addresses to which communications will be sent by selecting individual email addresses before sending the communications.

  4. Selected email addresses

    5. Each email address that is selected by a User is copied to a temporary file in order to allow us to send the User's communications to the email address. We delete these email addresses as soon as the communication has been sent. Each recipient receives only one email communication per selection by the User and is not contacted again (per such single User selection) unless s/he takes action to become a User or participate in the offering provided by the Client. To verify deliverability, the original User may itself send additional email communications.

  5. Email addresses not selected

    6. Unless selected by a User in connection with a Client's campaign or promotion as described above, we will not send email communications to any email addresses in a User's email address book.

Non-identifying data

We may aggregate and maintain records of email addresses that our Clients enter into our systems while using our Services and of the contents of email address books accessed through the process described in the "Address Book Contact Data" section. These records are not associated with individual Users and do not contain email addresses. Further, we will not extract or attempt to extract any email addresses or other personally identifiable information from these records. We use this information to improve the quality of the Services and for statistical purposes.

Cookies and Passive Data Collection

On the PopularMedia Web sites and the Web sites of our Clients, we log standard User information and click-stream data for all Users, including a User's IP address, operating system, and page views. When Users visit particular pages within the PopularMedia Web sites or our Clients' Web sites, a User ID may be placed in the URL, allowing customized features for the Users.

PopularMedia also uses a variety of technologies to create a more personalized experience for Users. Cookies are small data files sent by Web sites to a User's browser and hard drive that identify the computer to the Web site. Cookies may be used to provide enhanced features, such as allowing registered Users to bypass typing their passwords before entering a Web site. Cookies may also be used to enable customizable content for Users. Users have the option to adjust the privacy settings on their Internet browsers to disable cookies, but doing so may not allow a User to optimally use any Web site, including the PopularMedia Web sites and our Clients' Web sites.

Pixel tags are tiny graphic files that are included in HTML-encoded email messages. Pixel tags may be used by us to gather information about the emails sent to Users, such as the number of people who open the email messages.

Web pages within the PopularMedia Web sites and the Web sites of our Clients may also contain similar pixel tags that allow us to count Users who have visited those pages, to compile aggregated statistics about site usage, and to deliver co-branded services as they become available.

PopularMedia uses cookie, IP address, URL information, and pixel tags to improve the content of the PopularMedia Web sites and the Web sites of our Clients, the quality of PopularMedia servers, and to provide enhanced features to Users, where available. We use cookies to save User IDs and session validators on Users' browsers and hard drives, and may use them to provide tailored products or services to those Users, as they become available.

IP Addresses also help us to diagnose problems with our server, administer the PopularMedia Web sites and the Web sites of our Clients, and otherwise provide the Services. From time to time we may extend offers from various partner companies, including news or additional details on products and services.

We may also produce aggregate reports for advertisers or other Clients. For example, we may report to advertisers the number of Users who clicked on an ad, or the number of Users that visited different portions of a PopularMedia Web site or a Web site of our Client. This information will not include personally identifiable information about a User or any specific User's online usage patterns.

Blogs, Message Boards and Chat

PopularMedia may at times offer Users the option to post content to a blog, message board or chat room. In order to do so, Users may be required to provide personally identifiable information. Users should be aware that any visitor may read their postings on a blog, message board or in a chat room. Furthermore, any information that a User may post to a blog, message board or in a chat room, including their profile information, is available to all Users of that message board or chat room, and thus neither private nor confidential.

PopularMedia cannot guarantee the security of such information that is disclosed or communicated online in public areas such as blogs, message boards and chat rooms, and Users do so at their own risk. PopularMedia reserves the right at any time, in its sole discretion, to remove any content that a User may post on any blog, message board or chat room and restrict their access to any blog, message board or chat room. PopularMedia further reserves the right to republish User postings from blogs, message boards or chat rooms elsewhere on the Internet in any format.

Surveys and Contests

At various times we may offer surveys or contests to Users for entertainment or marketing purposes. Surveys may ask for contact information or unique identifying information to increase the value of the results. Contests may require contact information or other demographic or personally identifiable information in order to determine eligibility. PopularMedia uses information collected from surveys and contests for the entertainment and informational purposes of Users, and to notify and contact winners of various contests.

Law Enforcement

PopularMedia may disclose personally identifiable User information or any other information or data it collects pursuant to a subpoena or other judicial or administrative order, when required by law, or at our sole discretion, when we deem necessary to protect the safety of any individual or the public, or to prevent the violation of the rights of PopularMedia, our Clients, or any third party.

Security

PopularMedia uses industry standard security measures to protect the loss, misuse and alteration of the information under our control, including the Company Data. Although we make good faith efforts to store the information collected on the PopularMedia Web sites and the Web sites of our Clients in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make commercially reasonable efforts consistent with prevailing industry standards to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

Updating or Removing User Information

Users may, at any time, choose to correct, update, or remove any of the information they have submitted to us by informing us whatever corrections, updates, or removal(s) need to be made.

Opt-Out

Any person receiving an email message from PopularMedia or one of our Clients has the opportunity to opt out of receiving future messages, simply by following the opt-out instructions provided in the message. Alternatively, any person has the opportunity to opt out of receiving future messages by contacting us at info@PopularMedia.com and indicating the Client from whom they would like to stop receiving messages.

No Spam Policy

PopularMedia is opposed to spam and fully supports and complies with the requirements of the federal CAN-SPAM Act as amended. PopularMedia also asks each of its Clients to comply with all laws applicable to its use of PopularMedia's Services.

Change of Ownership

In the event of a change in ownership, direct merger, acquisition by or consolidation with another entity or any other event modifying the ownership structure of us, we reserve the right to transfer all User information (including but not limited to email addresses), to a related entity of us or a third party involved in the ownership change. All Users will be notified of any such occurrence, and may choose to modify any of their User information at that time.

Revisions to This Policy

PopularMedia reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any such revision, amendment, or modification will be posted on the PopularMedia Web site at www.popularmedia.com, and a User's continued use of the PopularMedia Web sites or those of our Clients will signify agreement to such changes.

Contacting PopularMedia

If you have any questions or concerns about this Privacy Policy and any of the aforementioned statements, you may contact PopularMedia at info@PopularMedia.com, or at:

PopularMedia, Inc.
1550 Bryant Street, Suite 925
San Francisco, CA 94103
Fax: (415) 558-9173

If you do not receive acknowledgment of your inquiry, or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with PopularMedia to resolve your concerns.

USE OF THIS WEB SITE OR THE WEB SITES OF OUR CLIENTS SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY