Effective Date: November 1, 2004
SentBySanta™ Privacy Policy
PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE
CHECK BACK FREQUENTLY FOR UPDATES AND CHANGES AS YOUR USE OF THE
SENTBYSANTA™ WEBSITE AND SERVICE IS SUBJECT TO THE TERMS OF
THIS PRIVACY POLICY. SENTBYSANTA™ IS AVAILABLE SOLELY FOR ADULTS
TO PURCHASE "SANTA" LETTERS FOR THEIR FAMILY AND FRIENDS.
THIS WEBSITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF
18. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT AUTHORIZED TO SUBMIT
ANY INFORMATION AT THE SENTBYSANTA™ WEBSITE AND YOU MUST HAVE
A PARENT OR GUARDIAN PURCHASE A LETTER ON YOUR BEHALF.
Welcome to the SentBySanta™ ("SentBySanta," "we"
or "us") website at www.sentbysanta.com (the "Website"
or "Service"). This privacy policy ("Privacy Policy")
covers SentBySanta™'s treatment of personally identifiable
information that SentBySanta ™ collects when you are on the
Website and when you use the Service. It is important that visitors
are fully informed about the use of their personal information.
SentBySanta ™ believes in 100% permission-based marketing.
For each visitor to our Website, our web server automatically recognizes
only the visitor's domain name, but not the e-mail address (unless
requested and supplied by the visitor as a registration field entry).
All visitors to our Website may browse selected portions of the
Website without entering any personal information.Collection of Information at SentBySanta™
To complete the purchase of customized "Santa"
letters, we must gather personal information from you such as: your
first and last name; e-mail address; telephone numbers; billing address;
billing information (including credit/debit card information); names
and ages of recipients; mailing addresses for recipients; and an optional
personalized message. In addition, we may collect credit/debit card
information for age verification purposes.
Use of Information Obtained by SentBySanta™
The information that you submit to SentBySanta™
remains your property, but by submitting the information to SentBySanta™
you grant us the right to use such information for marketing purposes
including, but not limited to, sharing such information with third
parties. SentBySanta™ may also use such information to directly
market certain offers to you including, without limitation, via e-mail
marketing, telemarketing, direct mail and text messaging, to monitor
compliance with our Terms and Conditions and for content improvement
and feedback purposes. We may sell the personal information that you
supply to us and we may join together with other businesses to bring
selected retail opportunities to our customers. These businesses may
include, but are not limited to: (a) providers of online and direct
marketing services and applications including, without limitation,
lookup and reference, data enhancement, suppression and validation;
and (b) affiliated telemarketers. SentBySanta™ reserves the right
to release customer information: (a) in the event that we believe
that the Website is being or has been used in violation of the Terms
and Conditions or to commit unlawful acts; (b) if the information
is subpoenaed; or (c) if SentBySanta™ is sold or acquired. Moreover,
you hereby consent to disclosure of any record or communication to
any third party when SentBySanta™, in its sole discretion, determines
the disclosure to be appropriate including, without limitation, sharing
your e-mail address with other third parties for suppression purposes
in compliance with the CAN-SPAM Act of 2003, as amended from time
to time.
In addition, as a customer of SentBySanta™, you agree that
such act constitutes a purchase for purposes of the Amended Telemarketing
Sales Rule, 16 CFR §310 et seq. (the "Rule"). Notwithstanding
that your telephone number may be listed on the Federal Trade Commission's
Do-Not-Call List, SentBySanta™ retains the right to contact
you via telemarketing in accordance with the Rule. Moreover, by
registering with, or requesting information from, a third-party
advertiser at or through the Website, such action shall constitute
an inquiry and/or application with the respective third-party advertiser
for purposes of the Rule and you may be contacted via e-mail, direct
mail and/or telemarketing by such third-party advertiser in accordance
with the Rule.
To the extent that customer credit card-specific information and/or
social security number is collected by SentBySanta™ and any
of its affiliates and/or subsidiaries, said information will be
kept in confidence and will not be shared with any third parties
(other than consumer credit agencies) without your prior informed
consent, except to charge you for services purchased at the Website.
In addition, by submitting your credit card information to us, you
authorize SentBySanta™ to periodically verify that your credit
card account continues to be a valid and active one by charging
and, thereafter immediately crediting, a small sum to the card.
Such verification may be conducted through a third party and, in
that case, SentBySanta™ will share your specific credit card
information with this third party for verification purposes. Apart
from the foregoing uses, SentBySanta™ and its affiliates and/or
subsidiaries reserve the right to share with third parties the fact
that they have credit card information on file for specific customers
but they will not share the specific credit card information with
third parties without the customer's prior authorization.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, WE
DO NOT SHARE AND/OR CONTINUE TO USE THE INFORMATION THAT YOU SUBMIT
WITH RESPECT TO INTENDED "SANTA" LETTER RECIPIENTS, OTHER
THAN TO SEND SUCH INTENDED RECIPIENTS THEIR "SANTA" LETTERS.
THIS RECIPIENT-SPECIFIC INFORMATION IS RETAINED IN A SECURE, PASSWORD
PROTECTED DATABASE.
General information collection and use
AGGREGATE: We gather our customer's server,
IP address, and browser-type related information in the general administration
of our Website. SentBySanta™ reserves the right to transfer and/or
sell aggregate or group data about SentBySanta™ customers for
lawful purposes. Aggregate or group data is data that describes the
demographics, usage or other characteristics of SentBySanta™
customers as a group without disclosing personally identifiable information.
By submitting your personal information to, and/or using, the Website,
you agree to allow SentBySanta™ to transfer and/or sell such
aggregate data to third parties.
LINKS: This Website may contain links to other
websites. Please be aware that SentBySanta™ is not responsible
for the privacy practices of other third party websites. We encourage
visitors to be aware when they leave our Website and to read the privacy
policies of each and every website that collects personally identifiable
information. This Privacy Policy applies solely to information collected
by this Website.
USE OF COOKIES: A cookie is a piece
of data stored on a customer or visitor's hard drive containing information
about the respective customer or visitor. Cookies can provide great
convenience for our customers and visitors. For instance, by setting
a cookie on our Website, a customer would not have to log in a password
more than once, thereby saving time while on our Website. Even your
payment information can be kept on file and thereafter used to facilitate
additional "Santa" letter purchases at the Website. However,
even in the case where an existing customer rejects a cookie, he/she
may still use our Website. The only drawback to this is that the customer
will be limited in what he/she can access in some areas on our Website,
much like visitor-level access.
We occasionally use cookies to anonymously track and target the
interests of our customers and visitors to enhance the experience
on our Website and/or for advertising tracking purposes.
Security
SentBySanta™ takes every precaution to protect our customers'
information. When a customer submits sensitive personal and payment
information via the Website, the information is protected both online
and off-line. When our registration, download or purchase process
prompts a customer to enter sensitive information (such as a credit
card or social security number), the information is encrypted and
is protected with industry-standard encryption - SSL technology.
While we use SSL encryption to protect sensitive information online,
we also do everything in our power to protect customer information
off-line. Access to customer information is restricted in our offices
and areas where such information is stored. Only employees who need
access to the information to perform a specific job are granted
access to personally identifiable information. If you have any questions
about the security at our Website, please contact us. security@traffixinc.com.
Customers who no longer wish to receive our newsletter or promotional
materials from us or our partners may opt-out of receiving these
communications by following the instructions contained in the applicable
e-mail.
Minors
SentBySanta™ is committed to strict compliance with the Children's
Online Privacy Protection Act. The Website is for use by individuals
18 years of age or older. Individuals under 18 years of age are
not permitted to use and/or submit their personal information at
our Website. SentBySanta™ does not knowingly solicit or collect
information from visitors under 18 years of age. SentBySanta™
encourages parents and guardians to spend time online with their
children and to participate and monitor the interactive activities
of their children.
Your Acceptance of this Privacy Policy
By using this Website, you agree to the SentBySanta™
Privacy Policy. We reserve the right, at our sole discretion, to change,
modify, add or remove portions of this policy at any time. All Privacy
Policy changes will take effect immediately upon their posting on
the Website. Please check this page periodically for changes. Your
continued use of the SentBySanta™ Website or acceptance of e-mails
following the posting of changes to these terms will mean that you
accept such changes. If you do not agree to the terms of this Privacy
Policy, you may unsubscribe from our services by e-mailing a request
to the following address: unsubscribe@sentbysanta.com
If you have any questions about this Privacy Policy, SentBySanta™'s
privacy practices or your dealings on this Website, please contact
us at: privacy@traffixinc.com.
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