This document describes the information gathering, use, and dissemination practices for UGO Entertainment, Inc., and its affiliate and subsidiary companies (“UGO”), in connection with the Web site located at www.ugo.com and its related sites, including but not limited to:
(collectively, the “Sites”). This Privacy Statement addresses UGO’s practices regarding information collected only directly through or from the Sites – it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Sites, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. UGO can be contacted by mail at 300 West 57th, New York, NY 10019, by phone at (917) 934-6767, by facsimile at (917) 934-6744, or by e-mail at privacy@ugo.com. California and Canadian residents have the right to know how their information may be shared with third parties who engage in direct marketing activities and this Privacy Statement explains our practices and how you can opt-out of having your information shared for such purposes.
Information Collection
UGO may collect or track (1) the e-mail addresses of visitors that communicate with UGO via e-mail, and (2) information knowingly provided by the visitor in online forms, registration forms, forums, surveys, contests, polls, e-mail, the “Contact Us” section of the Sites, and other online avenues (including, without limitation, demographic, interests, behavior, and personal profile data), (3) the home server domain names, e-mail addresses, IP addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Sites and persons responding to polls, and (4) aggregate and visitor-specific information regarding which pages visitors access. For example:
Registration
In order to submit content or participate in the community forums on the Sites, sign up for and/or use UGO services, such as online games, a visitor may be asked to first complete a registration form. During registration a visitor may be required to give their contact information (such as name and email address).
Information Collected Via Log Files And Cookies
While a visitor is on the Sites, UGO automatically tracks certain information through log files and, on some pages, through cookies (a cookie is a piece of data stored on the visitor\'s hard drive containing information about the visitor) or Web bugs (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). This information may include data regarding a visitor’s most recent visit, the URL they came from, the URL they visit next, the browser they are using, and their IP address. UGO evaluates this data on an aggregate basis and does not associate the information with a visitor’s personal identity.
Newsletter
If a visitor wishes to subscribe to our newsletter, UGO asks for contact information such as name and email address. UGO presents the option to not receive these types of communications. Please see our choice and opt-out below.
Surveys, Polls, & Contests
From time-to-time our Sites request information from visitors via surveys, polls, contests, sweepstakes, or other promotions, either sponsored by UGO or one of its business partners. Participation in these surveys, contests, or polls is completely voluntary and the visitor therefore has a choice whether or not to disclose any information (although, for example, mailing address and demographic information may be required to enter contests). Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level).
Tell-A-Friend
If a visitor elects to use our referral service for informing a friend about our Sites, UGO asks them for the friend\'s name and email address.
Special Offers
UGO sends all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our visitors UGO presents the option to not receive these types of communications. Please see our choice and opt-out below.
Use of Information
Personal data collected by UGO may be used by UGO for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, such as to deliver advertisements and promotions targeted to our visitor’s interests, for a statistical analysis of visitors’ behavior, for product development, for content improvement, to deliver promotional information from UGO or its sponsors provided the visitor opted in for these notifications, to contact a visitor, or to customize the content and layout of the Sites. Aggregate visitor data 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 visitors voluntarily provide to UGO may be added to UGO’s databases and used for future calls, mailings, and other communications regarding updates of Sites, new products and services, and upcoming events. Aggregate visitor data may be provided to marketing firms and other organizations that provide marketing and/or marketing support services to UGO.
In addition, registration information may be used to contact the visitor about the services on our Sites for which they have expressed interest. For example, contest information may be used to notify the winners and award prizes and as otherwise set forth in this Privacy Statement. Survey and poll information may be used for purposes of monitoring or improving the use and satisfaction of the Sites, and as otherwise set forth in this Privacy Statement. Tell-A-Friend information may be used by UGO to send the friend a one-time email inviting them to visit the Sites (UGO stores this information for the sole purpose of sending this one-time email). Information collected via cookies or Web bugs may be used to analyze trends, administer the Sites, track visitor\'s movement, and gather broad demographic information for aggregate use.
Disclosure of Information
Identifiable or non-identifiable data may be disclosed or distributed (1) to another party with which UGO enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, (2) to a third party (a) pursuant to a subpoena, court order, or other form of legal process, (b) 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 (c) if determined by UGO in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, rights, or property of UGO or any other person or entity, or (3) as necessary to third parties under contract with UGO to improve and provide services associated with the Sites. In situations involving bankruptcy or insolvency, the database containing personal data may be treated as an asset of UGO. Identifiable and non-identifiable visitor information and data which visitors provide to UGO also may be provided to third parties that provide products, information, or services which UGO believes that visitors may be interested in directly or indirectly purchasing or obtaining.
While UGO may undertake efforts to see that any third party to or with which UGO shares, rents, sells, or otherwise discloses personal data is under a contractual obligation to use the personal data solely for the purposes for which the data was disclosed, UGO is not responsible for their conduct, actions, omissions, or information handling or dissemination practices and UGO will not be liable therefor.
Choice/Opt-out
Except as necessary for UGO to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to UGO through an online form, registration form, forum, survey, contest, poll, the “Contact Us” section of the Sites, or other similar mechanism, prospectively retained by UGO, used by UGO for secondary purposes, or disclosed by UGO to third parties by updating your information at the member information page or contacting UGO via postal mail, e-mail, facsimile, or telephone at the address or numbers set out above. Once UGO has implemented the visitor’s request, UGO will prospectively cease retaining, using for secondary purposes, or disclosing to third parties the personally identifiable information identified by the visitor in his or her request, to the extent directed in the request, except as required by law. (This does not apply to collection of the type of Web browser of the visitor to the Sites or to information provided or collected that does not meet the above description.)
Third Party Advertisements, Products, and Services
The Sites contains links to other Web sites, advertisements for or placed by third parties, and products or services provided by third party business development partners. UGO is not responsible for the privacy practices of such Web sites, advertisers, or third parties, the products or services provided, or for the content of such sites or advertisements. It is possible that these portions of the Sites, links, or advertisements, themselves, may be used by third parties or others to collect personal or other information about Sites visitors. Often, these companies employ cookie and 1x1 pixel/Web bug technology to collect and use anonymous information about your visits to such Web sites and other Web sites to track the performance of an ad program. In addition, UGO may use third-party advertising companies and networks to serve ads to you on our behalf when you visit our websites. Both UGO and these companies may use information (not including your names, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. It is solely the visitors’ obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties. If you would like more information about this practice and to know your choices about not having this information used by other companies, please visit http://www.networkadvertising.org/optout_nonppii.asp.If you want to opt out of UGO itself using your information for the purpose of sending you targeted advertisements, please send an email to privacy@ugo.com with the words “Opt Out” in the subject.
Non-U.S. Users
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using these Sites, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with the Sites in the federal and state courts of, and in accordance with the laws of, the state of New York.
Security
UGO has implemented numerous security features designed to prevent the unauthorized release of or access to personal information. Please be advised that the confidentiality of any communication or materials transmitted to or from UGO via the Sites or e-mail cannot be guaranteed. Accordingly, UGO is not responsible for the security of information transmitted via the Internet. Instead of communicating with UGO via e-mail or the Internet, visitors can contact UGO by mail, phone, or facsimile at the address or numbers set forth at the beginning of this Privacy Statement. The site located at www.heromachine.com provides for payment via the PayPal system. Payments made through the www.heromachine.com website using PayPal and the information provided during that process are governed solely by the PayPal privacy and security policies, which are located at www.paypal.com.
Children Under 13
The Sites must not be used by children under 13. Children under 13 MUST not submit personal information.
Changes and Updates
UGO may amend this Privacy Statement at any time by posting the amended policy on the Sites. The amended policy shall automatically take effect 30 days after it is first posted on the Sites. Continued use of the Sites after any changes made to this Privacy Statement signifies a visitor’s understanding, intention and agreement to be bound by such change. It is the visitor’s responsibility to monitor this Privacy Statement for changes. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Sites before the change was made.
This Privacy Statement is effective February 9, 2009.
Copyright© 2009 UGO Entertainment, Inc. All rights reserved.
