Welcome to The Cross Agency (“TCA,” “us” or “we”) Web site located at www.thecrossagency.com (“Site”). This Privacy Statement addresses TCA’s practices regarding information collected from users of the Site and only addresses information collected directly through or from the Site – it does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (referred to as “you” or “your“) other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. TCA can be contacted at firstname.lastname@example.org or by telephone at (904) 642-8902. This Privacy Statement is incorporated into TCAs Terms and Conditions by reference, as if set forth fully therein, which must be reviewed and accepted by you.
1. Collection of Personal Information from Site Users
Except as specifically set forth herein, TCA may collect or track (a) the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser for users of the Site; (b) the e-mail addresses of users that communicate with TCA via e-mail; (c) information knowingly provided by the user in online forms, registration or membership forms, contest entries, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data); and (d) aggregate and user-specific information regarding which pages a user accesses. If you do not wish to provide such information to the Site, you may be unable to use certain features of the Site, register with the Site, or obtain certain products or services from the Site.
TCA may place Internet “cookies” on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many web sites frequently send to your web browser to be stored on your computer’s hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a site you have viewed. When you revisit the Site, TCA may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available.
TCA may also use Web bugs to gather, store, and track certain information related to your visit to and activity on the Site. A Web “bug” is a file object, which can be a graphic image such as a transparent one pixel-by-one pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A Web bug can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.
When a user performs a search within the Site, TCA may record information identifying the user or linking the user or to the search performed and recording information related to the search request.
2. Use of Personal Information Collected
Personal information collected by TCA may be used by TCA for many reasons, for example, for recordkeeping, editorial and feedback purposes, marketing and promotional purposes, statistical analysis of users’ behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on users’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which users voluntarily provide to TCA may be added to TCA’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
From time to time, we may need to contact you for customer-related activities. You agree that we may use your personal information for such customer-related contacts with you. We may also desire to contact you for market research purposes or to provide you with marketing information we think would be of particular interest. You will have the option of not being contacted by TCA and opting-out of such contacts by setting the appropriate option in your profile.
3. Disclosure of Personal Information to Third Parties
Personal information provided through the Site may be used and disclosed to other entities and/or business partners in the operation of the Site, in order to provide the products or services requested and for marketing and promotional purposes. Aggregate data on users’ home servers and individually identifying information, such as names, postal and e-mail addresses and phone numbers, may be provided to third parties such as marketing firms.
Identifiable and non-identifiable user information and data may be disclosed or distributed to another party with which TCA enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by TCA in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of TCA or any other person or entity.
While TCA may undertake efforts to see that any third party to which TCA shares, rents, sells, or otherwise discloses personal information is under a contractual obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which TCA exercises no control. TCA is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
4. Security Measures and Communicating with TCA
TCA has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite TCA’s efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from TCA via this Site or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, TCA is not responsible for the security of information transmitted via the Internet. Instead of communicating with TCA via e-mail or the Internet, users can contact TCA by regular mail at 701 San Marco Blvd Suite 1603, Jacksonville, Florida, 32207 or by phone at (904) 642-8902.
5. Links to Other Sites
6. Opt-Out Right
Except as necessary to obtain the products, services, or information requested, you may opt out of having your personal information, which has been voluntarily provided to TCA through online forms, membership or registration forms and profiles, contest entries, surveys, e-mail, or another online avenues, prospectively retained by TCA, used by TCA for secondary purposes, or disclosed by TCA to third parties, by contacting TCA via postal mail, e-mail, or telephone at the addresses set out above. This provision does not apply to the collection of the type of Web browser of the user to the Site or to information provided or collected that does not meet the description in this Section 6.
7. Privacy of Children
The Site is not intended for children under the age of 13. It does not knowingly collect personal information online from users in this age group. All users must be at least 18 years of age in order to use the Site and to provide information to the Site.
8. Access to and Ability to Correct Personal Information
Upon your request via postal mail, e-mail, or telephone, TCA will provide you with a summary of any personal information retained by TCA that has been voluntarily provided by you to TCA through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting TCA via postal mail, e-mail, or telephone at the addresses or numbers above.
9. Right to Change Privacy Statement
TCA may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any user who has visited the Site before the change was made.
10. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please email your request to email@example.com or write us at the address above.
Dated: March 9, 2012
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