Date Last Modified: February 8, 2008
Information Provided by You and Collected by Surfing.com:
Cookies: Use of “Cookies” is standard in the Internet industry. Cookies are small text files containing a string of alphanumeric characters that are sent to your computer that uniquely identify your browser. Cookies make web surfing easier by saving passwords and preferences while you’re at a website. When you use the Surfing.com website, we may send one or more cookies to your computer. Some cookies are temporary (“session cookies”) and will disappear after you close your browser, but others will stay on your computer (“persistent cookies” or “Flash cookies”). If you wish to remove persistent cookies from your hard drive, follow your web browser help file directions. You can also reset your web browser to refuse all cookies or to indicate when a cookie is being sent. If you wish to remove Flash cookies from your hard drive or wish to refuse all flash cookies, please follow the instructions at Macromedia Support. However, some features of the Web site may not function properly if the ability to accept cookies is disabled.
Traffic Data: Consistent with common web practice, when you use the Web site, our servers automatically log certain information that your Web browser sends whenever you visit any Web site. This information may include information such as your Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Tracking Usage Patterns: Surfing.com tracks usage patterns and collects other non-personally-identifiable information about your use of the Web site. We may employ various tracking technology including “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users, and clear GIFs in HTML-based emails sent to you to track which emails are opened by recipients. Surfing.com may also contract with third parties to track online usage patterns on elements of the Web site other than the Web site.
The Way Surfing.com Uses Information
Personally identifiable information that you submit to us through the Web site, will be used by Surfing.com to provide to you the features and functionality of the Web site and to operate and maintain the Web site.
Any personal information, text or other content that you voluntarily provide in the course of your use of the Web site, including but not limited to, information in your Member Profile, by participating in discussions and comments about polls may be publicly available and can be collected and used by others. Your Username (but not your email address) may be displayed to other Users in connection with the polls you create and messages you post in discussions. If the Web site sends an email on your behalf, your email address may be displayed. Any information that you post on the Web site may be redistributed through the internet and may be viewed by the general public.
We will not sell your personally identifiable information to third parties. However, information we collect from you may be combined with information from business partners or other third party sources. Further, Surfing.com may use your email address or other personally identifiable information including information gathered from content you have shared to send commercial and marketing messages from Surfing.com or its business partners, and market research-related surveys and other offers to you. We may also use your email address for non-marketing or administrative purposes (such as notifying you of major Web site changes or for customer Web site purposes).
When Surfing.com Discloses Information
We may share non-personally-identifiable information (such as traffic information and usage tracking information) with interested third-parties to assist them in understanding the usage patterns for certain content, Web sites, advertisements, promotions, and/or functionality on the Web site.
We reserve the right to release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.
Surfing.com also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Surfing.com believes, in good faith, is appropriate or necessary to take precautions to avoid liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Web site, and to protect the rights, property, or personal safety of Surfing.com, our users or others.
Third Party Content, Sites, and Services
The Web site and Content available through the Web site may contain features and functionalities that may link you or provide you with access to Third Party Content which is completely independent of Surfing.com, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Web site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Surfing.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Surfing.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Surfing.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Third Party Advertisers, Links to Other Sites
Surfing.com allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Web site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Web site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies or other tracking technologies) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
Surfing.com does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a program or feature for which you will have the ability to opt-out. However, Surfing.com may provide information to assist these third parties to personalize the advertising content you see although your personal information (such as email address) will not be provided to such third parties by Surfing.com. Further, please note that if you respond to any advertisements, the advertiser or ad server may collect certain information about you and, by responding, you are consenting to the possibility that the advertisers will make the assumption that you meet the targeting criteria used to display the ad.
Surfing.com uses commercially reasonable safeguards (physical, managerial, and technical) to preserve the integrity and security of your personal information. However, we cannot ensure or warrant the security of any information you transmit to Surfing.com and you transmit any such information at your own risk. Once we receive your transmission of information, Surfing.com makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Surfing.com learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
Surfing.com seeks to protect the privacy of young children. For that reason, Surfing.com does not knowingly collect (or maintain) personally identifiable information or non-personally-identifiable information on the Web site from persons under 13 years of age, and no part of our Web site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Web site at any time or in any manner. If Surfing.com learns that personally identifiable information of persons under 13 years of age has been collected on the Web site without verified parental consent, then Surfing.com will take the appropriate steps to delete this information.
In the Event of Merger, Sale, or Bankruptcy
In the event that Surfing.com is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.