State of California
Version Date: August 29, 2017
TerraPlanetEarth.com (“Company” or “we” or “us” or “our”) respects the privacy of its users (“user” or “you”) that use our website located at terraplanetearth.com, including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively, the “Website”). The following Company Privacy & Site Terms (“Privacy & Site Terms”) is designed to inform you, as a user of the Website, about the types of information that Company may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy & Site Terms are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy & Site Terms will apply. Accordingly, each time you use the Website you should check the date of this Privacy & Site Terms (which appears at the beginning of this document) and review any changes since the last time you used the Website.
The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy & Site Terms. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.
BY USING OR ACCESSING THE WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY & SITE TERMS.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Website Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, Company gathers from users of the Website 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, browser type and the locations of the websites the user views right before arriving at, while navigating and immediately after leaving the Website. Although such information is not Personally-Identifying Information, it may be possible for Company to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Company analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information. They are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.
We may partner with selected third parties to allow tracking technology on the Website, which will enable them to collect data about how you interact with the Website and our services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.
Aggregated and Non-Personally-Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
Mobile Device Additional Terms
- Mobile Device. If you use a mobile device to access the Website or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
- Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Company to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.
- Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
- Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application.
COPYRIGHT ON SUBMISSIONS
TerraPlanetEarth.com does not claim ownership rights in your content and/or submissions. Content in this context may be defined as an image, video, article, infographic or other object. Any content that has been submitted to the TerraPlanetEarth.com digital experiences implies complete allowance of TerraPlanetEarth.com to use the content on a non-exclusive and royalty-free basis to store, share, publish, format, and publicly display your content. From time to time, TerraPlanetEarth.com shares and promotes content form other websites, social media platforms, artists, publishers, and creators, and as such, that intellectual property remains under the ownership of its original creator.
We respect the rights of all persons throughout the world and expect our members to assist us in fostering positivity, fairness, and respect for all members, visitors, and other persons that engage in the TerraPlanetEarth.com environment.
This document is not a legal guide or professional advice and does not replace the importance of seeking an attorney if you would like to better understand your rights as relates to your copyright. In the following paragraphs we will try to clarify the TerraPlanetEarth.com policies relating to copyright.
Under most national and international laws a copyright is automatically valid on any original work once you make it. Exercising those rights may require registering the copyright using the tools at your disposal.
Examples of copyright infringement may include:
Using .0001-100% of someone else’s work without permission.
Using someone else’s work in a commercial capacity without permission, including but not limited to leveraging the work to advertise or to generate revenue.
Placing or publishing someone else’s work in an environment or physical asset without permission.
Modifying someone else’s work or converting it to another medium without permission.
Everything you create should be original. If you use materials owned or copyrighted by others, be sure to have secured proper permissions or licenses.
Any copyright owner can require TerraPlanetEarth.com to remove his or her copyrighted content from TerraPlanetEarth.com Persons flagging copyright infringement should submit a request to the TerraPlanetEarth.com team to inform us that a member submission on TerraPlanetEarth.com is infringing upon the copyrights of another and we will immediately delete it. The member will not be given an opportunity to alter the work, nor will they be warned of the removal.
Report submissions that you believe are infringing on your copyright via email or the help desk. Our internal team will review your request and act accordingly.
If you believe that one of your submissions was removed in error you may contact our help desk or otherwise file a counter notice.
Members that repeatedly are reported for copyright infringement may be banned from TerraPlanetEarth.com A copyright owner may or may not decide to directly for infringing upon their copyright in posting to TerraPlanetEarth.com
Mature Submissions or Comments
When we discuss mature content we are specifically referring to images, subjects, and themes which other viewers may find offensive, including but not limited to nudity, or violence. Materials classified as pornographic or obscene are prohibited. Content that depicts minors (real or fictional) in an exposed or sexual manner will be removed and deleted immediately. The TerraPlanetEarth.com staff further reserves the right to remove any piece of content at its sole discretion.
TerraPlanetEarth.com is a global community.
Members may express themselves within reason while respecting and nurturing fellow members of the community. Discrimination, harassment, bullying, prejudice, and similar aggressive behavior will not be tolerated. This is a safe space for persons of all ages and skill levels.
We accept contributions on the TerraPlanetEarth.com digital experience that range from every background, experience, and skill level. We expect the community to support and foster positivity, constructive feedback, and moderated feedback.
We will not accept any behavior that can be considered aggressive or otherwise disrespectful. We absolutely will not allow participation from members who intentionally engage in activities that are inherently offensive, racist, bigoted, or otherwise inappropriate. We ask that you focus your activities on productive conversation and steer clear of remarks that could be offensive to persons including those based on nationality, race, gender, religion, or sexual orientation.
If you feel that you have been the target of harassment please contact the TerraPlanetEarth.com help desk. Staff will evaluate and intervene if they determine an extreme and directly intentional aggressive or inappropriate behavior is creating problems.
We may provide you the option to connect your account on the Website to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Website. When logging in using your social network credentials, we may collect the Personally-Identifying Information you have made publicly available on the social networking site, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list and any other information you have made public. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on the Website to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So for example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites of these social networks and are not within our control.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for our service, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of our service, or responding to offers or advertisements, (4) communicating with us, (5) creating a public profile or (6) signing up to receive newsletters. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by Company from time to time. Users of the Website are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features.
BY REGISTERING WITH OR USING THE WEBSITE, 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.
We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account, such as service announcements and administrative messages, even if you opt out of all voluntary email notifications.
Company will disclose Personally-Identifying Information under the following circumstances:
- Marketing Communications. Unless users opt-out from receiving Company marketing materials upon registration, Company may email users about products and services that Company believes may be of interest to them. If you wish to opt-out of receiving marketing materials from Company, you may do so by following the unsubscribe link in the email communications, by going to your account settings (if applicable) or contacting us using the contact information below.
- Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
- Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Company’s assets. 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 & Site Terms, or to a new Privacy & Site Terms if you are given notice of that new Privacy & Site Terms 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 & Site Terms adopted by the successor organization.
Changing Personally-Identifying Information; Account Termination
Collection and use of Information by Third Parties Generally
Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Company, other than in accordance with this Privacy & Site Terms. However, third parties are under no obligation to comply with this Privacy & Site Terms with respect to Personally-Identifying Information that users provide directly to those third parties, or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third-party applications accessible through the Website. Company neither owns nor controls the third-party websites and applications accessible through the Website. Thus, this Privacy & Site Terms does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on the Website, directly through the Website or otherwise, and before providing any Personally-Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those users’ discretion, protect their privacy.
The TerraPlanetEarth.com staff will not tolerate attempts to exploit or disrupt the operation or security of the TerraPlanetEarth.com digital experiences. Actions to in any way disrupt the TerraPlanetEarth.com technology will result in an immediate ban of access.
We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
We are dedicated to protect all information on the Website as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.
Privacy & Site Terms Changes
Company may, in its sole discretion, change this Privacy & Site Terms from time to time. Any and all changes to Company’s Privacy & Site Terms will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy & Site Terms. Unless stated otherwise, our current Privacy & Site Terms applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy & Site Terms. Company will always post new versions of the Privacy & Site Terms on the Website. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy & Site Terms via email or otherwise. Accordingly, it is important that users always maintain and update their contact information.
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact Company using our contact information below to have that child’s account terminated and information deleted.
California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.
These policies may be modified at any time with or without notification and these new polices shall be enforced in full.
If you have any questions regarding our Privacy & Site Terms, please contact our Privacy Officer at:
[ADDRESS MUST BE PROVIDED]