PERC DATA PRIVACY POLICY
This privacy policy (this "Policy") describes how PERC DATA ("Company"), a Texas limited liability corporation having a place of business at 904 Windmill Ct, Cedar Hill, TX 75104, collects from YOU ("You") Your PII (as defined below) and how the Company uses and discloses Your PII in connection with Company's web site (currently located at percdata.com) ("Site"). This Policy does not govern Company's collection of information via any web site other than the Site, or by any means other than the mechanisms implemented on the Site.
The XML-based television listings product made available by Company utilizes data supplied by TRIBUNE MEDIA SERVICES, INC. ("Supplier"). This Policy does not govern the collection of information by Supplier or any other third party.
If You do not agree to the terms and conditions of this Policy, please do not use the Site; by using the Site, You agree to the terms and conditions of this Policy. Company reserves the right to change this Policy at any time without prior notice. Changes to this Policy are effective as soon as Company posts the revised version of this Policy on the Site. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend, which is located at the top of this document. Use of the Site following such changes constitutes Your acceptance of the revised version of this Policy.
The Site is hosted in the United States and operated by Company from the United States. Company's operation of the Site is not intended to subject Company to the laws of any jurisdiction other than that of the United States, and Company does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. When using the Site, You are solely responsible for complying with all domestic laws, rules and regulations. You are subject to United States export controls in connection with Your use of the Site and/or Site-related services, and You are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations that restrict exports. Company may limit the Site's availability, in whole or in part, to any entities, natural persons, geographic areas or jurisdictions, and Company may block the Site's availability to any entities, natural persons, geographic areas or jurisdictions, at any time and in its sole discretion.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information via the Site.
1. Collection of Information.
Company tracks and archives two types of information via the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). Personally Identifiable Information is information that identifies You as an individual (for example, Your name, address and telephone number). Non-Personally Identifiable Information is aggregated information, demographic information and any other information that does not reveal Your identity (for example, Your postal code or Internet Protocol address).
- Personally Identifiable Information. In order to register for the Site, You are required to provide some basic PII, such as Your name, telephone number and e-mail address.
- Non-Personally Identifiable Information. Company collects
Non-PII whenever You visit the Site. Company generally collects such
Non-PII from server log files, environmental variables, and cookies as
well as information You voluntarily provide.
- Server Log Files. Whenever You connect to the Internet, Your Internet Service Provider (ISP) assigns an Internet Protocol (IP) address to Your computer. This number is identified and logged automatically in Company's server log files whenever You visit the Site, along with the time(s) of Your visit(s) and the page(s) that You visit. Company uses Your IP address, and the IP addresses of all its users, for general maintenance and service optimization purposes (for example, to analyze Site usage and to diagnose problems).
- Environmental Variables. Company may collect certain environmental variables, such as Your operating system (e.g., Windows, Macintosh or Linux), screen resolution, Internet browser, and Internet browser version. These environmental variables are collected by most websites and are used to optimize Your experience of the Site.
- Cookies. Cookies are an industry standard used by most web sites, and can, for example, facilitate users' ongoing access a particular web site. Company may use cookies to store on Your Computer basic information relevant to Your account and to Your visit to the Site.
- Information Provided Directly. Company collects Non-PII that You provide directly to Company via the Site (for example, Your postal code).
2. Use of Collected Information.
- Personally Identifiable Information. Company may use Your PII
in the following ways:
- Fulfillment of Requests. Company may use Your PII to fulfill the purpose for which such PII was provided (for example, to facilitate registration or arrange payment procedures).
- Administrative Communications. Company may use Your PII to send to You information regarding the Site, including, without limitation, notices of changes to Company's terms, conditions, and policies. Because such notices are important to Your use of the Site, You may not opt-out of receiving such communications.
- Other Communications. From time to time, Company may contact You to inform You of products, programs, services and promotions that Company believes may be of interest to You. At any point after You terminate Your account, Company may contact You via email to inquire about Your reasons for such termination. If You wish to opt-out of receiving such marketing communications from Company, please follow the opt-out procedures described in the "Opt Out" section below.
- Promotions. Company may operate sweepstakes, contests and similar promotions (collectively, "Promotions") on the Site. Company will typically ask You for certain PII when You enter such Promotions and, if applicable, win such Promotions. You should carefully review the rules of each Promotion in which You participate, which may contain important information about Company's use of Your PII in connection with such a Promotion. To the extent the terms and conditions of such rules conflict with this Policy, the terms and conditions of such rules shall control.
- Beta Tests. Company may conduct beta tests of newly developed or updated services. If You participate in such beta tests, You may be required to provide additional PII. You should carefully review the rules of each beta test, which rules may contain important information about Company's use of Your PII in connection with such a beta test.
- Internal Business Purposes. Company may use Your PII for internal business purposes, including, without limitation, data analyses and third party audits.
- Non-Personally Identifiable Information. Because Non-PII does not personally identify You, Company may use such information for any purpose. In addition, Company reserves the right to share such Non-PII, which does not personally identify You, with third parties, for any purpose. Company may archive Non-PII for diagnostic purposes (for example, to identify and fix data transmission problems). Company may also aggregate Non-PII to determine demographic information about its user base (for example, to determine the percentage of users from a particular region). In some instances, Company may combine Non-PII with PII. If Company combines any Non-PII with PII, the combined information will be treated by Company as PII as long as such Non-PII and PII are combined.
3. Disclosure of Collected Information.
- Supplier. The XML-based television listings product made available to Company's users is made available to Perc Data by Supplier. Company reserves the right to share Your PII with the Supplier for the purpose of enabling the Supplier to provide such service. In addition, in the event of an audit of Company by Supplier, Supplier may examine all user data collected by Company, which data may include Your PII. Finally, Company may share Your PII with Supplier when conducting certain beta tests.
- Payment Processor. Some of Your PII will be forwarded to a payment processor (for example, www.paypal.com or checkout.google.com) as part of the registration process.
- Statistics. Company may publish aggregate non-PII statistics on the Site for informational and marketing purposes (for example, the number of users in a particular region). Such statistical information will never identify You individually.
- Technical Services and Maintenance. Company may share Non-PII with third parties in order to provide services hereunder (for example, to outsource hosting of the web site) or to resolve any technical problems that arise in connection with the Site or Site-related services (for example, Internet Service Providers and Supplier).
- Information Posted by Visitors. Company may make available via the Site certain services (such as message boards) that enable You to post materials on the Site. Any information You disclose through such services will, by virtue of Your submission, become public information and be available to the Site's members and to the general public. When You post information via such services, Your user name, along with any PII You disclose, will be visible to other members of the Site and to the general public. Company urges You to exercise discretion and caution when deciding to disclose Your PII, or any other information, on the Site. COMPANY IS NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE ON THE SITE.
- Assignment. Company reserves the right to transfer any and all information that Company collects from the Site's users to a third party in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company's business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings).
- Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, Company reserves the right to disclose Your PII to other parties when Company reasonably believes such action (a) is appropriate under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce Company's Subscription Agreement or Terms of Use; (e) to protect Company's operations or Supplier's operations; (f) to protect the rights, privacy, safety or property of Company, Supplier, You or others; and (g) to permit Company to pursue available remedies or limit the damages that Company may sustain in the event of a dispute. For example, Company may, to the fullest extent permitted by the law, disclose Your PII to law enforcement agencies to assist such agencies in identifying individuals who have been or may be engaged in unlawful activities.
4. Miscellaneous.
- Third Party Sites. The Site may contain links to third party web sites. Company provides links to these sites only as a convenience to You, and the inclusion of a link on the Site does not imply Company's or Supplier's endorsement of the site. Because these sites are not under Company's control, Company is not responsible for the content or privacy practices of such sites. Any PII You provide to such a third party site will be governed by that site's privacy policy. Company therefore recommends that You familiarize Yourself with the privacy policies and practices of any such site. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTY, INCLUDING THE SUPPLIER.
- Security. Company has implemented security measures (such as firewalls) to help prevent the loss, misuse and alteration of information under Company's control, including users' PII and Non-PII. Because no Internet data transmission and no data storage system are 100% secure, however, Company cannot warrant the security of information You transmit to Company via the Site or the security of information that Company stores. You acknowledge and agree that any information You transmit via the Site is transmitted at Your own risk. If You have reason to believe that Your interaction with the Site is no longer secure (for example, if You believe the security of Your user account has been compromised), You must immediately notify Company of the problem by (i) sending a message to Company via Company's contact page, which is currently located at http://www.percdata.com/contact; (ii) sending an email to fraudprevention@percdata.com; or (iii) writing to Perc Data, 904 Windmill Ct, Cedar Hill, TX 75104.
- Changing or Removing Your PII. If You would like to review, correct, update or remove PII that You have previously provided to Company via the Site, You may do so by editing Your user account. However, You acknowledge and agree that (i) Company may retain certain of Your PII for recordkeeping purposes; (ii) residual Non-PII may be stored in Company's databases and in other recording and/or archiving mechanisms; and (iii) Company is not responsible for removing information from Supplier's database(s).
- Contacting Company. If You have any questions regarding this Policy, please contact Company by (i) sending a message to Company via Company's contact page, which is currently located at http://www.percdata.com/contact; (ii) sending an email to admin@percdata.com; or (iii) writing to Perc Data, 904 Windmill Ct, Cedar Hill, TX 75104. Please note that because e-mail communications may not be secure, You should not include sensitive information in Your e-mail correspondence with Company.
- Opt-out. If You do not wish to receive marketing-related e-mails from Company, You may opt-out of receiving such communications by (i) using the opt-out options on the Account Information page; (ii) sending a message to Company via Company's contact page, which is currently located at http://www.percdata.com/contact; (iii) sending an email to admin@percdata.com; or (iv) writing to Perc Data, 904 Windmill Ct, Cedar Hill, TX 75104. Company shall endeavor to comply with Your opt-out request as soon as reasonably practicable.