The Phrogram Company - Privacy Statement

The Phrogram Company (“Phrogram” or “we”) operates the web site at http://www.phrogram.com/ ("Site"). This Privacy Statement (“Statement”) provides important information regarding the use and disclosure of information collected on the Site for anyone who uses, accesses, visits, uploads or purchases products from the Site (collectively “Users”) and is intended to help Users make an informed decision about whether to use (or continue using) the Site. Your use of the Site and any personally identifiable information that you provide on the Site is subject to this Statement and our Terms of Use. Any Materials (such term is used herein as defined in the Terms of Use) posted by Users onto the Site becomes published content and is not considered personally identifiable information subject to this Statement.

1.         Collected Information. User Provided: You provide certain personally identifiable information (such as your name and email address) to Phrogram when you participate in various activities on the Site, such as posting messages in forums subscribing to RSS feeds, newsletters or mailing lists, entering contests, taking advantage of promotions, responding to surveys. In so doing, we may obtain personally identifiable information from you in three ways: (i) Cookies: We may send one or more “cookies” - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. We may use both session cookies and persistent cookies when you visit the Site. A persistent cookie remains after you close your browser and may be used on subsequent visits to the Site. Persistent cookies can be removed by following your browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is limited or disabled. (2) Log Files: Our servers automatically record certain information that your browser sends whenever you visit the Site. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring and exit pages, 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. (iii)  Clear GIFs: We may use "clear GIFs" (a.k.a. Web Beacons) which track the online usage patterns of Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may use clear GIFs in HTML-based emails that we send to Users to track emails opened.

2.         Collecting Information. If you submit personally identifiable information through the Site, we may use it to operate, maintain, and provide you with features and functionality of the Site. Information of a personal nature that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when your Materials are uploaded through the Site and other Users can contact you through messages and comments. Any Materials that you submit may be redistributed through the Internet and other media channels, and may be viewed by the general public. We do not use User email addresses or other personally identifiable information to send commercial or marketing messages without consent or except as part of a specific program or feature in respect of which the User can either opt-in (accept) or opt-out (decline). We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Site changes or for customer service purposes). We use both personally identifiable information and other information (such as anonymous usage data, cookies, IP addresses, browser type, click-stream data, etc.) to improve the quality and design of the Site and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends. We also use cookies, clear GIFs, and log file information to: (a) avoid requiring you to re-enter the same information during the same visit or your next visit to the Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of marketing activities relating to the Site or our Products (such term is used herein as defined in the Terms of Use); (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track entries, submissions, and the status of promotions, and contests.

3.         Disclosing Information. We may provide personally identifiable information and other information to affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require these parties to process such information in compliance with the requirements of this Statement, and use reasonable efforts to limit their use of such information and to use appropriate measures to protect its confidentiality and security. We do not share personally identifiable information (such as User names or email addresses) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in (accept) or opt-out (decline). We may share information other than personally identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Site. We also may release personally identifiable information and/or other 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 (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant. We reserve the right to disclose personally identifiable information and/or other information that we believe is appropriate or necessary to enforce the Terms of Use, take precautions against liability, investigate and defend itself against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of our web site, or protect the rights, property, or safety of Phrogram, other Users or others.

4.         User Choices. You may decline to submit personally identifiable information through the Site, in which case we may be unable to provide certain services to you. You may update or correct your personal profile information and email preferences by visiting your account profile page. Files uploaded by Users cannot be removed by Users and are subject to the Terms of Use. We take certain steps (such as requesting a unique password) to verify User identity before granting access to profile information or the ability to make profile corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. Contact us with questions or comments about this Statement, your personal information, consent, or the opt-in (accept) or opt-out (decline) choices by sending email to privacy@phrogram.com.

5.         Commitment to Data Security. We use physical, managerial, and technical safeguards to preserve the integrity and security of personally identifiable information collected from Users. We cannot, however, ensure or warrant any particular information is always secure and you provide such information at your own risk. When we receive personally identifiable information, we take commercially reasonable precautions to ensure the security of our systems. However, 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 we learn of a security systems breach, we may attempt to notify you by email so that you can take appropriate protective steps. We may also post a statement on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive Statement of a security breach in writing.

6.         Privacy of Minors. We do not knowingly collect or maintain personally identifiable information or non-personally-identifiable information through the Site from children younger than 13 years old, and no part of the Site is intended for use by such children. If you are under 13 years of age, please do not use or access the Site. If we are informed that personally identifiable information has been gathered through the Site about a child under 13 years of age without verified parental consent, we will take steps to delete this information.

 7.         Special Note to International Users. The Site is hosted in the United States of America (“US”). If you access the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from US laws, be advised that by and through your continued use of the Site, which is governed by US law, this Statement, and the Terms of Use, you will transfer personally identifiable information and data to the US and you consent to such transfer and to the manner of use relating to such information and data as authorized under applicable US laws.

8.         Merger, Sale, or Bankruptcy. If we are acquired by or merged with a third party entity, we may be required to transfer or assign information collected from Users as part of the merger, acquisition, sale, or other change of control. In the unlikely event of 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 personally identifiable information is treated, transferred, or used.

9.         Changes and Updates. This Statement may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Statement in effect when we received the personal information you provided. Your continued use of the Site constitutes your agreement to this Statement and any future revisions. For revisions that may be materially less restrictive on the use or disclosure of personal information that you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.

10.        Date Last Modified. This Statement was last modified in August 2009.

11.        More Information. Please direct any questions or comments you may have about this Statement to info@phrogram.com.