Privacy Policy

(iii) If you don’t want cookies, most Web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of our Covered Sites may not function efficiently. Flash cookies may regenerate HTTP cookies that you have affirmatively deleted. Deleting, rejecting, disabling or turning off HTTP cookies as described above will not remove flash cookies. We use flash cookies as an alternative method to HTTP cookies for storing information about your web browsing history across unaffiliated domains, unrelated to the delivery of content through the Flash Player or the performance of the Flash Player in delivering such content. You can manage and delete flash cookies by visiting http://kb2.adobe.com/cps/526/52697ee8.html.

(iv) Some of our emails may contain tags that allow us and our advertisers and other partners to determine the types of content that may be of interest to you. Those tags may contain Personally Identifiable Information and may be shared with others to the same extent indicated in Section 4. Those tags may not be deleted but you can opt out of receiving the emails as explained in section 5.

(c)  Gifs. We may use “clear GIFs” (aka “web beacons” or “pixel tags“) or similar technologies, in the sites and in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information.

(d) IP Address. Your Internet Protocol (“IP“) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on our Covered Sites, the web sites you visit after this web site; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers.  We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our Covered Sites. We may also link this information with your Personally Identifiable Information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Covered Sites, customers or others.

(e) Location Information. We may, and may enable our advertisers to collect your location via certain services we provide through digital applications, wireless access protocol services (“WAP Services“) or mobile phone service (“Mobile Services“). We, or the service provider, will inform you of such collection at the time you use the service.By using such service, you hereby consent to our collection, use and disclosure of your location information as described.

3. Use of Information.

(a) Smarter Wayz uses information we collect from you in part to provide you with the service you have requested. We also use your information to respond to your inquiries. We might also send out e-mails to users to announce special offers, services and announcements from our Covered Sites, our partners and/or our advertisers. We also use information in connection with advertising and to serve other content, as described in section 4(c) below.

(b) We may combine and use any and all information we collect on you either online or otherwise, including from third parties, for marketing purposes.

(c) In addition, we may use information you provide us through emails, Q&A, blogs, forums, in response to polls, or through any other user generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online. If you provide us with personal anecdotes, they may be attributed to you. Smarter Wayz can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, and in trade media, and advertising.

(d) We may create Anonymous Information from Personally Identifiable Information by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion.

4. Disclosure of Your Information

(a)  In addition to the other disclosures described in this policy, Smarter Wayz may (and you authorize us to) share or disclose Personally Identifiable Information about you to other companies or individuals in the following situations:

(i)  We utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards or fulfilling subscriptions), and ask these service providers to agree to maintain the confidentiality of your Personally Identifiable Information and not to use your Personally Identifiable Information for any reason except to carry out the purpose(s) for which we hired them (“Service Provider Exception“).

(ii)  You have entered a contest or sweepstakes sponsored by a third party, in which case the information you provide via the contest or sweepstakes may be shared by us with that third party for their use in their discretion, including direct marketing. Some of our contests and sweepstakes will ask you at the time of entry whether you would like to have your personal information shared with the sponsor, in which case we will honor your selection. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest.  The privacy policies of such third party companies apply to their use and disclosure of your information that we collect and disclose to such third party companies.

(iii)  The entity to whom the information is disclosed is an Affiliate of Smarter Wayz.

(iv)  In accordance with your indicated preferences (e.g., you indicated you wanted to receive promotional materials directly from a third party partner).

(v)  The entity is a third party who wants to promote goods and services we think would be of interest to you.

(vi)  You have furnished us Personally Identifiable Information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners, services to help old friends locate you online, etc.).

(vii)  We need to protect our legal rights (for example, if we are trying to collect money you owe us); we must comply with applicable laws, regulations, or legal or regulatory process, or comply with subpoenas or warrants served on us, or in connection with a legal investigation; or we have reason to believe that someone may be causing injury to someone or interfering with our rights or the rights of our users, or general public, or using our services in violation of a legal or personal right, including our Terms of Use (collectively, the “Legal Exceptions“).

(viii)  In connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise, including via bankruptcy) of all or a portion of the business conducted by the Covered Site to which this policy applies, in which case the company will possess the Personally Identifiable Information collected by us and will assume the rights and obligations regarding your Personally Identifiable Information as described in this privacy policy (“Acquisition Exception“).

(b)  Social Networks.  If you use your login credentials from a social networking site (e.g., Facebook or Twitter) (“SNS“) on a Covered Site, we may receive information from such SNS in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms“). If you elect to share your information with these SNS, we will share information with them in accordance with your election.  The SNS Terms of these SNS will apply to the information we disclose to them.

(c)  Third Party Partners. Some of our Covered Sites may from time to time partner with a retailer or other third party to offer online shopping opportunities, games, services, subscriptions and other applications on a co-branded or cross-promotional basis. Those transactions may take place on a Covered Site, or the site of the third party. In either case, Personally Identifiable Information you provide in connection with the transaction may be collected directly by, or shared by Smarter Wayz with, the third party, as well as with any participating sponsors or advertisers of such opportunities and features. Some of our Covered Sites may offer you the ability to access a third-party site with whom we have a relationship to access both sites through a co-branded registration or password; in that event, your applicable registration information may be collected directly by, or shared by Smarter Wayz with, the third-party partner.  We will notify you at the applicable point of sign up if any such co-branded registration or password practices will be in effect.  These third parties will use your information in accordance with their own privacy policy.

(d) Delivery of Advertising and Other Content.

(i) In addition to ads and content that we serve you directly, we use third-party advertising companies and marketing services companies to serve ads and other content when you visit our Covered Sites and elsewhere on the internet and in other media.  Both we and these companies may use information about your visits to this Covered Site and elsewhere to serve ads and other content to you. In the course of doing so, a unique third-party cookie may be placed or recognized on your browser by such companies. In addition, we and these companies may use Web beacons to help manage our online advertising and content. These Web beacons enable us and the  third-party companies to recognize a browser’s cookie when a browser visits this site and to learn which banner ads bring users to our website and to serve you ads that you may find of interest elsewhere on the internet and in othermedia. Both Smarter Wayz and these companies may use information obtained from your visits to the Covered Sites (including your status as a customer of Smarter Wayz), other websites, and information received from you offline in order to provide advertisements about goods and services and other content of interest to you across the internet and in other media.

(ii) In addition, we may provide Personally Identifiable Information and Anonymous Information to marketing services companies. This may include information we received from you offline or online. These companies may combine information we provide (including Personally Identifiable Information and Anonymous Information) with personal and anonymous information they may have about you, using cookies they place or that we place on their behalf, as described in Section 2(b). We require these companies to delete the Personally Identifiable Information we provide them. These companies may use the resulting non-personal information and such cookies for their own marketing purposes, and they may provide the same to their customers for their customer’s marketing purposes.

5. Right to Opt-out

(a)  California & Canadian Users: Your California Privacy Rights. California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. Sections 4(d) and 5(d) explain our practices and how you can opt-out of having your information shared with third parties for the third parties’ direct or indirect marketing purposes, in accordance with such laws. Canadian residents also have certain rights to know how their information may be shared with third parties who engage in direct marketing activities. Again, Sections 4(d) and 5(d) explain our practices and how you can opt-out of having your information shared for such purposes, in accordance with such laws. For the avoidance of doubt, these opt-out options are available for all users and are not limited to Californian and Canadian users.

(b)  Mobile Opt-out. We may provide you messages, including marketing, via your wireless email address or by short message service (“SMS Service“), WAP or Mobile Services as described in Section 6. You may opt-out of these messages from us by replying “STOP” or following the instructions provided in the message.

(c) Marketing provided by Smarter Wayz. From time to time we may send you promotional materials on behalf of Smarter Wayz and/or third parties. If you want us to stop sending you promotional materials to your email, you may follow the unsubscribe instructions in the email. If you want us to stop sending you promotional materials to your postal mailing address, you may notify us by contacting us at [email protected]. Certain Covered Sites may include a customer service link at the bottom of such site. If so, you may also manage your email preferences through that link.

(d) Marketing provided by Third Parties. From time to time we may disclose your contact information to third parties to allow them to market their products or services to you or for other marketing purposes. This may be information we received from you offline and online. If you want us to stop further sharing your email contact information with third parties (if we have your email contact information), you may notify us at [email protected]. If you want us to stop further sharing your postal mailing contact information with third parties (if we have your postal address), you may notify us by contacting us at [email protected]. If you wish to opt out of having your information shared with marketing services companies, please see section 4(d) above. In the case of information collected by our Third Party Partners, you should consult their own privacy policies to determine how your Personally Identifiable Information will be used, and follow the instructions provided to you by those Third Party Partners to unsubscribe from their messages and customize your preferences.