Effective Date: December 30, 2009
Thank you for visiting our website ("Site"). The Site is an Internet property of Make the Web Better, LLC ("MTWB," "we" or "us"). MTWB has created this privacy policy ("Privacy Policy") in order to disclose our information gathering and dissemination practices. We understand the importance that Internet users place on privacy and have designed our Site with this in mind. You agree to this Privacy Policy, in its entirety, and consent to the use of your personal information as contemplated herein, when you: (a) access or use the Site; and/or (b) register for any of our proprietary products or services ("Software Product"). Please be advised that, as a policy, other than with respect to the limited exceptions set forth below, MTWB does not collect your personally identifiable information; provided, however, that MTWB does collect, in an anonymous way that does not identify you individually, information regarding your browser type, computer operating system, IP address and other similar non-personally identifiable information.
Make the Web Better, LLC is a United States-based limited liability company organized under the laws of the State of Delaware, and all MTWB operations are based in the United States. To the extent permitted by applicable law, this Privacy Policy, and MTWB's information gathering and dissemination practices, shall be governed generally by the laws of the United States, and specifically by the laws of the State of New York, without regard to New York State's conflict of laws principles. To the extent permitted by applicable law, you expressly disclaim the application of any foreign laws, rules or regulations. Where national and/or international law provides you with the option or requirement to apply the law of your place of residence despite the provisions of this Privacy Policy requiring otherwise, nothing in this Privacy Policy shall prevent you from applying the law of your place of residence. Nothing in this Privacy Policy shall be deemed to affect any statutory or other consumer rights that you may have under local laws that cannot be, or have not been, altered, limited or waived by this Privacy Policy.
If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us via email at:info@make-the-web-better.com , or call us at: 1-800-831-8940.
Certain of the Software Products enable end-users to upload images and/or send images and other content generated using the Software Products to friends via e-mail. In connection with the e-mail related process, end-users shall input, and MTWB shall collect, the applicable end-user e-mail address(es) ("Sender E-mail Address(es)") and destination e-mail address(es) ("Destination E-mail Address(es)") for the sole and exclusive purpose of facilitating the delivery of the underlying e-mail message(s). In addition, certain of the Software Products enable end-users to upload photographs ("Photographs") to search pages and other web pages and/or to send along with other content generated by the Software Products to the selected Destination E-mail Address(es). In connection with the e-mail process, MTWB shall collect the applicable Photograph(s) for the sole and exclusive purpose of facilitating the delivery of the underlying Photograph(s). In connection with allowing users to customize search pages and other web pages with Photograph(s), MTWB shall collect the applicable Photograph(s) for the sole and exclusive purpose of facilitating the posting of such Photograph(s) to the applicable search page or web page. Other than as set forth below, all Sender E-mail Address(es), Destination E-mail Addresses and Photographs are collected and recorded on a non-personally identifiable basis, are kept strictly anonymous and are used only for the purposes of facilitating the applicable Software Product-related services and content features in accordance with end-user preferences. Notwithstanding the foregoing, when using certain features of the Software Product, MTWB may request permission to send updates regarding special Software Product features and uses to the Sender E-mail Address provided by you in connection with your use of the Software Product. Where you provide consent to MTWB in connection with such a request, you agree to receive targeted marketing material about MTWB products and services. To opt out of receiving targeted marketing messages sent to your Sender E-mail Address, please Click Here.
Further, certain of the Software Products enable end-users to provide comments, content, images and/or other feedback directly to the Site via the applicable feedback forms (collectively, "Feedback"). All Feedback is collected and recorded on a non-personally identifiable basis and is kept strictly anonymous, unless otherwise indicated. To the extent that you submit any Feedback to us when using the Site, you acknowledge and agree that by doing so, you grant to MTWB, a non-exclusive, royalty free, irrevocable and worldwide license for the duration that such rights are protectable under applicable law, to publish, display, reproduce, modify, edit or otherwise use the Feedback, in whole or in part, in any and all media, commercial or otherwise, without the need to obtain further authorization and without compensation to you. In addition, you hereby agree to waive all moral rights in and to your Feedback in favor of MTWB.
In addition, if you utilize the Software Product within certain online venues including, but not limited to, social networking websites ("Social Networking Sites"), such Social Networking Site(s) may give you the option to allow MTWB to access the user information that you have provided to such Social Networking Site(s). Only if you agree to grant MTWB such access and only where permitted by the applicable Social Networking Site, may MTWB view, collect and retain your name, gender and Social Networking Site user ID as listed in the profile information on the applicable Social Networking Site(s) (collectively, "Social Networking Site Information"). By allowing MTWB access to your Social Networking Site Information, you agree to receive targeted marketing material about MTWB products and services provided to you via the applicable Social Networking Site's internal communication interface. To opt out of receiving targeted marketing messages within your participating Social Networking Site(s), please Click Here.
We gather end-users' server, IP address, computer operating system and browser-type related information as part of the general administration of the Site and in order to provide you with the Software Product ("Browser Data"). The Browser Data is collected and stored in an aggregate format, comprising the demographic, usage and/or other characteristics of Site end-users as a group without any associated end-user personally identifiable information. In order to obtain the Software Product, you must provide a unique end-user ID ("ID").
In addition, the Site tracks the number of times that you access and utilize the search functions ("Query") associated with the Software Product, and which, if any, of the links generated by the applicable query were clicked and activated by you (collectively, "Usage Data" and together with the Browser Data and ID, the "Site Data"). The Software Product, in the course of processing a given Query, sends a request to our servers. This request includes the keyword used in connection with the Query, time of day, an anonymous unique ID, Browser Data and a code which identifies the marketing or distribution source of the Software Product used by you. We use this information in order to properly process your Query. All information collected from a Query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about Query-related activity is evaluated only on an aggregated basis except: (a) for MTWB tracking and reporting purposes; (b) in response to a customer service inquiry; or (c) in connection with a legal process.
The Software Product also sends a configuration request when you start your browser. This request is approximately 5KB in size and includes only anonymous data such as the Browser Data and the specific release date and distribution source of your Software Product. Such information is anonymous, non-personally identifiable and is used only for the purposes of delivering the Software Product-related services and content in accordance with your preferences.
When an end-user visits the Site, we send a cookie and/or gif file (collectively, "Cookie") to assign an anonymous, unique identifier to the applicable end-user's Internet browser and/or copy of the Software Product. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. For example, we use Cookies to store a code designating a marketing or distribution source for the Software Product, as well as to collect Browser Data. This information allows us to properly distinguish the Software Product for purposes of analyzing Browser Data and/or Usage Data, on an aggregated basis. We do not use Cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose Cookie information to third parties (other than as required by legal process). To find out more about Cookies, please visit www.cookiecentral.com. To disable and reject certain Cookies, Click Here. Even in the case where a user rejects a Cookie, he or she may still use the Site; provided, however, that certain functions of the Software Product may be impaired or rendered inoperable if you disable the use of Cookies.
As a general rule, and other than with respect to the limited exceptions set forth below, MTWB will not sell, share or rent your Sender E-mail Address(es), Destination E-mail Address(es), Photographs Site Data or Social Networking Site Information (if applicable) to or with others. Notwithstanding the foregoing, MTWB reserves the right to share your Sender E-mail Address(es), Destination E-mail Address(es), Photographs, Site Data and/or Social Networking Site Information (if applicable), as well as the Feedback: (a) in the event that we believe that the Site is being or has been used in violation of this Privacy Policy or the Site's End-User License Agreement, or to commit unlawful acts; (b) if the information is subpoenaed or otherwise required to be disclosed by law or by an order of a court of competent jurisdiction; (c) where necessary to perform a function associated with the Site and/or Software Product (such as providing a Sender E-mail Address and/or Destination E-mail Address to our e-mail service providers to facilitate the delivery of an underlying e-mail message, or to third party service providers for the purpose of performing services relating to the development, operation and maintenance of the Site); or (d) if MTWB is, or its assets are, sold or acquired.
As stated above, MTWB reserves the right to use your: (i) Social Networking Site Information to serve you targeted marketing messages within applicable Social Networking Site(s) and other online venues (provided you have granted us access to do so as outlined above); and (ii) Site Data for tracking and, where necessary, verification purposes with MTWB's third party partners. To opt out of receiving targeted marketing messages within your participating Social Networking Site(s), please Click Here. In addition, where you provide consent, MTWB reserves the right to use your Sender E-mail Address to send you targeted marketing material about MTWB products and services. To opt out of receiving targeted marketing messages sent to your Sender E-mail Address, please Click Here.
While MTWB strongly encourages clients, affiliates and partners to adopt responsible approaches to online marketing, MTWB is not responsible for the information practices of its clients, affiliates and/or partners. The collection, use and disclosure of information by clients, affiliates and/or partners are subject to their respective privacy policies, which may differ from this Privacy Policy. MTWB reserves the right to use all Sender E-mail Addresses, Destination E-mail Addresses, Photographs, Feedback, Site Data and/or Social Networking Site Information to investigate fraudulent or other claims made against MTWB. MTWB reserves the right to transfer and/or sell Browser Data for lawful purposes. Further, MTWB reserves the right to share, rent, sell distribute and/or use the Feedback, on a non-personally identifiable and anonymous basis, in any and all manner as permitted by applicable law, in MTWB's sole discretion, without the need to obtain further authorization and without compensation to you.
Correct, Update or Delete Your Information
You can learn if we have any of your limited information in our database, what that information is, and you can correct, modify, update or delete any and all such information by contacting us via email at: info@make-the-web-better.com , or call us at: 1-800-831-8940.
Given the unlimited duration of this Privacy Policy, MTWB may modify this Privacy Policy at any time in order to: (a) adapt this Privacy Policy to updated versions of the Software Product; (b) comply with changes to the legal and/or regulatory environment; and/or (c) achieve reasonable business purposes. Other than as set forth below, such modifications shall be deemed effective thirty (30) days after posting at the Site of the modified Privacy Policy, together with the date of the revision and a general notice that the Privacy Policy has been modified; provided, however, that any amendment or modification: (i) that is required by applicable law, statute, rule or regulation shall apply immediately upon posting at the Site; and (ii) that broadens MTWB's right to use your personal information (collectively, "Information Usage Provisions") shall not apply to any information collected by MTWB prior to the effective date of such amendment or modification. You agree to periodically review the Privacy Policy available on the Site to remain aware of any modifications to same. Your continued use of the Site and/or Software Product shall be deemed your conclusive acceptance of the Privacy Policy then in effect at the time of your usage (other than with respect to information collected by MTWB prior to the amendment or modification of the Information Usage Provisions, which shall be governed by the Information Usage Provisions then in effect at the time the subject information was collected by MTWB).
MTWB protects end-user information by security safeguards appropriate to the sensitivity of the information. MTWB uses reasonable efforts and security measures to protect end-user information against loss and theft, as well as unauthorized access, disclosure, copying, use, modification, disposal and destruction. All collected information is stored in a technically and physically secure environment. Access to end-user information is strictly limited, and not accessible to the public. The practices for handling end-user information are disseminated to all of our employees. Employees not adhering to our policies are subject to disciplinary action. In compliance with applicable federal and state law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to any of your personally identifiable information that we may have in our possession. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
While MTWB is careful to ensure that your information is as secure as possible, you must be aware that transmissions over the Internet cannot be guaranteed to be completely secure. Consequently, MTWB, its affiliates and any directors, officers, employees, agents, contractors, subcontractors and agents of the foregoing do not represent, warrant or guarantee that your information will be protected against misuse, loss or modification, nor do such parties accept liability for the security of your information submitted on or in connection with the Site.
The Site contains links to other websites, which are provided to you as a convenience only. Please be aware that MTWB is not responsible for the privacy practices of other websites. We encourage our end-users to be aware when they leave the Site 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 the Site.
MTWB encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. MTWB is very sensitive to the issue of children's privacy and, therefore, we endeavor to protect the privacy of children using the Internet. We do not knowingly solicit or collect personal information from any person, including persons under eighteen (18) years of age. If a child has already provided us with personal information, his or her parent or guardian may contact us for the purpose of deleting this information.
If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us via email at: info@make-the-web-better.com or call us at: 1-800-831-8940.
Make The Web Better, LLC
910 Sylvan Ave, 1st Floor
Englewood Cliffs, NJ 07632
USA