Policy – YawpBox.com
YawpBox.com, YawpBox, LLC and BrusterPowers, LLC (hereinafter "YawpBox") shares
your concern about personal privacy. YawpBox recognizes that its visitors, users,
and others (collectively or individually, the "Users") who use the YawpBox.com website
(the "Website") value their privacy. This Privacy Policy outlines important information
regarding the use and disclosure of User information collected via the Website.
YawpBox provides this Privacy Policy to help Users make an informed decision as
to whether to use the Website.
1. General Matters
By reference, this Privacy Policy is incorporated into and is subject to the YawpBox
Terms & Conditions of Use. Your use of the Website and any personal information
you provide via the Website or through other official YawpBox contacts, including
the YawpBox television properties, remains subject to this Privacy Policy, as well
as the YawpBox Terms & Conditions of Use, and/or all other governing YawpBox
policies.
You are informed that any photograph, image, graphic, audio, text, video or other
content posted by Users onto the Website becomes published news and/or publicly
available informational content, or the like, and is not considered personally identifiable
information subject to this Privacy Policy.
2. Information Collection
YawpBox may collect personal information and data including, but not limited to,
application and Website usage data, file transfer and viewing data, email and personal
contact information, and other identifiable information. YawpBox may use technological
means for tagging and tracking data including, but not limited to, harmless cookies,
clear .GIFs, and other technologies to track and correlate data.
Specifically, but not limited to, the following information is and/or may be collected:
a. User Provided Data: Users may provide personally identifiable information (such
as a name and an email address or other identifying information) to YawpBox when
choosing to participate in the various services available on the Website, such as
uploading photographs, audio, videos and/or text or other content (collectively,
the "Content") for public viewing interests, entering contests, accessing promotions,
responding to surveys, accessing interactive forums, or other personalized services
(collectively, the "Website Services").
b. Cookies: A Cookie is a small, harmless text file containing a string of alphanumeric
characters. Cookies are deployed to your computer while on the Website so as to
uniquely identify your presence and use of the Website Services. YawpBox may use
session cookies and persistent cookies for the purpose of tracking various important
data. Use of these cookies can also help to speed your access to the Website, as
the Cookies serve as 'reminders' as to who you are to our programming. While we
recommend that you allow these cookies to perform their tasks, you may adjust your
computer's settings to restrict or refuse them. However, some features or sections
of the Website may not function properly, or not all, if you disable the ability
of your computer to accept cookies.
c. Clear .GIFs: YawpBox, at its discretion, may choose to utilize "clear .GIFs"
to track the online usage patterns of our Users in a non-personally identifiable
manner. Additionally, YawpBox may also use clear .GIFs in HTML-based emails dispatched
to Users so as to track which emails are being opened by the recipients. This act
helps YawpBox to determine active and inactive email addresses and perform other
functions important to the delivery of the Website Services.
d. Log File Data: When Users log-in to their YawpBox account, our servers will automatically
record and archive certain information that web-browsers send whenever the User
is visiting a website. These server logs may include information that is vital to
validating the User's authorization to access the YawpBox account. Information,
such as a Web request, Internet Protocol (the "IP") address, browser type, browser
language, referring pages, exit pages and visited URLs, platform type, click counts,
pages viewed and in what order, time spent, the date and time of the request, and
other important data is necessary to validate and authorize a User's entry and activity
on the Website. Some or all of that information may be recorded and archived by
YawpBox.
3. Information Uses by YawpBox
a. Personally identifiable information submitted by a User is used to operate, maintain,
update, and secure the Website and its Website Services, and to provide features,
general and unique, of the Website for the User's use and pleasure.
b. All personal information, data, or content that you, the User, voluntarily disclose
to the Website public areas becomes available to other Users and can be collected
and used by others without any control by YawpBox. Your account Username is displayed
to other Users when you upload videos, photos, audio, text or other Content, or
send messages through the Website and other Users can contact you through interactive
messages and commenting. Any Content that you submit (the "User Submission") may
be redistributed by email, throughout the Internet and other media channels, including
YawpBox television, and/or may be viewed by the general public through other means
not controlled by YawpBox.
c. YawpBox can and does use your personally identifiable and certain non-personally
identifiable information, such as but not limited to, anonymous User usage data,
browser type, cookies, IP addresses, clickstream data, and the like, to improve
the quality and use designs of the Website through analysis of this data and trends,
and to improve the features and offerings of the Website Services.
>d. YawpBox uses clear .GIFs and log file data to: (i) provide custom content and
preferences; (ii) remember information necessary for logging in to your Website
account so as to save you time in re-entering such information; (iii) monitor the
impact and effectiveness of YawpBox marketing efforts; (iv) monitor aggregate metrics
providing detailed data on User activities while on the Website; (v) track your
submissions, entries, and status; and (vi) other activities as from time to time
deemed appropriate by YawpBox.
4. Disclosure of Information by YawpBox
a. YawpBox provides personally identifiable and non-personally identifiable information
on Users to subsidiaries, affiliated companies, and other businesses or persons
for the purpose of processing such information on behalf of YawpBox. These parties
usually agree to process such information in compliance with this Privacy Policy,
and we deploy reasonable efforts to limit their use of such information.
b. YawpBox reserves the right to disclose personally identifiable and/or non-personally
identifiable information that is believed, in good faith, to be appropriate or necessary
for the purpose of enforcing the YawpBox Terms & Conditions of Service, or other
governing YawpBox policies. Other causes of release of data may be due to, but not
limited to: (i) taking precautions against liability issues of any nature whatsoever;
(ii) to assist government enforcement and investigative agencies; (iii) to investigate
and defend YawpBox against first party or third party claims or allegations of any
nature; (iv) to protect the security or integrity of the Website and/or Services;
(v) to protect the rights, property, or personal safety of YawpBox, Users of the
Website, or others; and/or (vi) in response to a subpoena or other judicial requirement.
c. YawpBox does not share your personally identifiable information with other non-affiliated
third party companies for their commercial use or marketing use without your consent,
except as part of a specific program, feature, or campaign for which you will have
the ability to opt-out.
d. YawpBox does share non-personally identifiable information, such as anonymous
User data and traffic data, with interested third parties to assist them in understanding
the usage patterns and trends analysis for certain content, advertisements, promotions,
services, and/or functionality of the Website. There is no ability for Users to
opt out of the sharing of this information, but the release of this information
does not involve personally identifiable information.
e. YawpBox may release any information available if required to do so by law, or
in the good faith belief that such action is necessary to comply with law or the
powers of government enforcement agencies. Other causes for release of information
could be for needs to comply with copyright laws or to respond to a court order,
subpoena, and/or search warrant.
5. Your Right to Decline to Accept
You may, of course, decline to submit or allow the submission of personally identifiable
information through the Website, in which case YawpBox and/or YawpBox television
may not be able to provide certain Services to you, if any at all. You may, at any
time, update or edit your personal profile information and email preferences by
visiting your YawpBox account profile page. You acknowledge and agree that any User
Submission uploaded by you to the Website cannot be removed by arbitrary request
and said Content remains subject to the YawpBox Terms & Conditions of Use.
6. Links and Third Party Advertisers on YawpBox
YawpBox may from time to time allow other companies, also referred to as Third Party
Advertisers, Ad Servers, or Ad Networks (collectively, the "Advertisers") to serve
advertisements via the YawpBox Website and/or via YawpBox television. These Advertisers
may use technology to send directly to your Web browser advertisements and links
that appear on the Website. This technology may capture certain non-personally identifiable
data, such as your IP address, or other non-personally identifiable data discussed
above. This technology may also measure the effectiveness of their advertisements
and allow personalization of the advertising content you may view on the Website.
YawpBox will not provide any personally identifiable information to these Advertisers
without your consent, except as part of a specific program, feature, or campaign
for which you will have the ability to opt-out, as discussed above. However, should
you click on an Advertiser offering or choose to visit an Advertiser's website,
YawpBox highly recommends that you consult the respective privacy policy of the
Advertiser for more information on their practices and for instructions on how to
opt-out of certain programs and practices of the Advertiser. YawpBox’s Privacy Policy
does not apply to, nor can YawpBox control, the activities of other websites or
Advertisers.
7. Data Security
In an effort to provide maximum protection of User's privacy, YawpBox routinely
utilizes commercially reasonable physical, technical, and managerial safeguards
to preserve the integrity and security of your personal information. However, YawpBox
cannot ensure or warrant in any way the security of any information you transmit
to YawpBox or place upon the YawpBox Website; you transmit and post that information
at your own risk. Once we receive a transmission of personal information, YawpBox
uses commercially reasonable efforts to ensure the security of our systems and the
personal information you provided to us. This is not a guarantee that such information
may not be accessed, altered, disclosed, or destroyed by breach of any of our physical,
technical, or managerial safeguards.All of the limitations of liability, disclaimer
of warranties, and other provisions from the YawpBox Terms & Conditions of Service
are incorporated herein by reference.
8. Children's Privacy
YawpBox complies with the Children's Online Privacy Protection Act of 1998 (COPPA)
and recognizes the responsibility to protect the privacy of young children at all
times and to the best of everyone's ability. For that reason, YawpBox does not knowingly
collect or maintain any information via the Website from persons under the age of
thirteen (13), and no part of our Website is directed to persons under the age of
thirteen (13). If an underage person provides such information and YawpBox has unknowingly
collected said information, then upon discovery YawpBox will take the appropriate
steps to delete this information.
9. Transfer of Rights
Should YawpBox be acquired, merged, or endeavor to become closed for business, or
engage in any other transformation of its legal entity status, YawpBox reserves
the right, in any of these circumstances, to transfer or assign the information
collected, during the due course of business, from Users of the Website. This information
may be held as part of any such acquisition, merger, sale, or other change of control
or business entity status.
In the unlikely event of a bankruptcy, assignment for the benefit of creditors,
insolvency, receivership, reorganization, or the application of laws or legally
recognized enforcements and/or actions, YawpBox may not be able to control how Users'
personal information is accessed, treated, transferred, and/or used. In any of these
circumstances, you hold harmless and indemnify YawpBox, LLC, and its owner(s), officers,
directors, employees, agents, and assignees, along with any related entities, from
and against any claims of responsibility, damages, costs, debts, losses, liabilities,
obligations, fees and/or expenses. All of the limitations of liability, disclaimer
of warranties, and other provisions from the YawpBox Terms & Conditions of Service
are incorporated herein by reference.
10. Customer Service Contact Information
You may contact YawpBox Customer Service at:
YawpBox, LLC
Attention: Customer Service
2934 Taylor Street
Dallas, TX 75226 USA
Email: support@yawpbox.com
11. Changes and Updates
This Privacy Policy may be revised at will. Such changes, edits, revisions, and/or
updates will be made available by posting updated Privacy Policies to the YawpBox
Website. All such changed and updated Privacy Policies can be identified by way
of the Date of Modification. You are advised to visit the YawpBox Privacy Policy
frequently to determine the last Date of Modification so as to afford you the opportunity
to access the most current Privacy Policy. Regardless of your visitation habits
to this Privacy Policy, every time you access and use the YawpBox Website, your
action constitutes your agreement to this Privacy Policy, the YawpBox Terms &
Conditions of Use, and any other governing policies of YawpBox, as well as any future
revisions of YawpBox legal documents and policies.
12. Communications
From time to time and only as deemed necessary by YawpBox (daily, weekly, monthly,
etc.), YawpBox will send registered Users various communications, such as email
newsletters or alerts, account updates, and special offers targeted to the interests
of the User as determined by YawpBox. Said communications shall originate from YawpBox
only and shall be conducted in compliance with all Sections of this Privacy Policy.
If you do not wish to receive these communications, please contact Customer Service
at the location mentioned above.
13. Presiding Language
This Agreement and all YawpBox policies are written and executed in English, which
is considered the prevailing language for purposes of interpretation or laws of
contract. If this Agreement is translated into any other language, the English version
shall be considered the primary binding legal document.
DATE OF COPYRIGHT AND MODIFICATION: January 1, 2008