Version:1.0 StartHTML:0000000167 EndHTML:0000012883 StartFragment:0000000556 EndFragment:0000012867
Focus in Pix – updated 4-21-2011
WEB SITE PRIVACY POLICY
Focus in Pix, (the “Company”, “we”, “our” or “us”), in connection with the focusinpox.com website (“Site”), created this Web Site Privacy Policy (“Privacy Policy”) to ensure the confidence of visitors and customers (“you” or “your”) of and to the Company’s Site, and to demonstrate our commitment to fair information practices and the protection of privacy. Please read these terms carefully before using this Site. By using this Site, you agree to abide by the terms and conditions of this Privacy Policy.
1. Types of Information Collected
a. Traffic Data Collected. The Company automatically tracks and collects the following information when you visit our Site, including your: (a) address; (b) domain servicer; (c) type of computer; and (d) type of web browser (collectively, “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. The Company also uses “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your password so you do not have to re-enter it each time you visit the Site.
b. Personal Information Collected. In order for you to access certain premium services and to purchase products that the Company offers via the Site, the Company requires you to provide the Company with information that personally identifies you (“Personal Information”). Personal Information may include: (a) Contact Data (such as your name, mailing and email addresses); (b) Financial Data (such as your account or credit card number); (c) Demographic Data (such as your zip code, age and income); and (d) such other information that is personally identifiable to you. If you communicate with the Company by email, post messages to any of our bulletin boards or forums, or otherwise complete online forms, surveys or entries, any information provided in such communication may be collected as Personal Information.
2. Uses of Information Collected.
The Company may use Contact Data to personalize communication, contact you, or send you information about our company or our products or services, promotional material from some of our partners, or to contact you when necessary. The Company may use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. The Company may use your Demographic Data to customize and tailor your experience on the Site, displaying content that the Company thinks you might be interested in and according to your preferences.
3. User choice Regarding Collection, Use and Distribution of Personal Information
You may choose not to provide the Company with any Personal Information. In such an event, you can still access and use much of the Site; however, you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from the Company or from some of our partners, you may select the appropriate “opt-out” option each time the Company asks you for Personal Information.
4. Confidentiality and Security of Personal Information
Except as otherwise provided in this Privacy Policy, the Company will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with prevailing law, a court order or other legal process, or as necessary to investigate a possible crime; (b) protect our rights or property; or (c) enforce our Terms of Service. Your Personal Information is stored on secure servers that are not accessible by third parties. The Company shall provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.
5. User ability to Access, Update and Correct Personal Information
In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit your personal profile at www.focusinpox.com. Through your personal profile you may: (a) review and update your Personal Information that The Company has already collected; (b) choose whether or not you wish the Company to send you information about our company, or promotional material from some of our partners; or (c) choose whether or not you wish the Company to share some of your Personal Information with third parties. The Company will respond to your contact within a reasonable time, and may ask for additional information to verify your identity. The Company may be forced to limit or deny your request if the law permits or requires the Company to do so or if the Company is unable to verify your Identity.
6. Lost or Stolen Information
You must promptly notify the Company or the organization through which your credit card information is processed, if your credit card, user name or password is lost, stolen or used without permission. In such an event, the Company or the processing entity will cancel that credit card number, user name or password and update the records accordingly. The Company disclaims all liability, express or implied warranties with respect to privacy breaches caused in whole or in part by any such lost or misappropriated credit cards, user name, password or other breach, negligence, or improper act by you or your agents.
7. Security
The Company takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information the Company collects. Although the Company uses reasonable measures to protect information against unauthorized use or disclosure, the Company cannot guarantee the security of information provided over the Internet or stored in the Company’s data bases. Your transmissions are submitted at your own risk. You are solely responsible for the security, confidentiality and integrity of all passwords, user names, data, messages and content transmitted or stored on the Site, and agree to bear the responsibility for the confidentiality of any account or password issued in relation to the Site.
8. Other Limits to Your Privacy
The Site contains links to other web sites. The Company is not responsible for the privacy practices or the content of such web sites. The Company also may make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. The Company has no control over its use and you should exercise caution when deciding to disclose your Personal Information. The Company also cannot guarantee the security of information provided over the Internet, your disclosure of passwords, or use of your software and hardware systems.
9. Updates and Changes to Privacy Policy
The Company reserves the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site. You may access the current version of the Privacy Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Site.
10. Entire Agreement
The terms of this Privacy Policy and the Terms of Service constitute the entire agreement between you and the Company with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written or electronic between you and the Company with respect to the Site. If any provision of this Privacy Policy is held by a court of competent jurisdiction to be invalid, the remaining terms of this Privacy Policy shall remain in full force and effect.
11. Governing Law
This Privacy Policy shall be governed under the laws of the State of Minnesota regardless of the country in which you are located or in which your information is collected, used, transferred or stored, information collected through this Site will be protected by the terms of this Privacy Policy pursuant to the laws of the State of Minnesota. Any dispute or action relating to this Privacy Policy shall be subject to the jurisdiction of the courts of the State of Minnesota.
12. Force Majeure.
If the performance of any part of this Privacy Policy is prevented, hindered, delayed or otherwise made impractical by reason of any natural disaster, riot, flood, judicial or governmental action, labor dispute, act of God or related cause, the Company shall be excused to the extent prevented, hindered or delayed by such causes.
*Note: This Privacy Policy is inapplicable to any commercial web site directed to, or that knowingly collects information from, children under age 13.