Nuuvy.com
Privacy Policy
Updated June
1, 2007
This Privacy
Policy describes the collection, use and disclosure of information Nuuvy.com
("Nuuvy")
receives and collects when you access or use Nuuvy services from the Nuuvy
website (located at www.Nuuvy.com) (the "Site") or when you access or use Nuuvy services via
the websites of our video service distribution partners (the "Partner Sites").
Nuuvy
Services.
Nuuvy has developed and maintains a network of video content producers,
advertisers, and related technology, that facilitates the download and
distribution of video content from participating creators, and links from
participating advertisers, to online users (the "Nuuvy Services"). The Nuuvy
Services enable you to download, share, watch, track, advertise on and generate
revenue from video content uploaded to the Nuuvy library ("Videos").
This Privacy
Policy describes how Nuuvy strives to protect the privacy of: (i) artists or
producers who create and submit Videos for distribution (our "NuuvyNuuvyNuuvyMakers"); (ii)
advertising partners and sponsors who create and submit advertising content or
links ("Advetisers")
for distribution with Videos (our "Sponsors");
(iii) distributors or referral partners who share Videos and Ads through
various online distribution methods, including websites, email or peer-to-peer
networks (our "Publishers");
(iv) users who view and/or interact with our Videos and Ads from our Site or
from the Partner Sites ("Viewers");
(v) visitors to the Nuuvy Site who access our products or services or who
submit reviews and comments to our Site (our "Users"); and (vi) our members
(those NuuvyNuuvyNuuvyMakers, Advertisers, Publishers, Viewers or Users) who
register with Nuuvy and create an account (our "Members").
Partner Sites.
Although you may access Videos, Ads and the Nuuvy Services from Partner
Sites, the Partner Sites are not governed by this Privacy Policy. Nuuvy is not
responsible for the privacy practices, policies or content of such Partner
Sites. Nuuvy encourages users to read the posted privacy policies whenever
interacting with any website to learn more about the privacy practices of that
website. Nuuvy has no control over the use of a user's personal information by
third party websites, including Partner Sites, and a User should exercise
caution when deciding to disclose any personally identifiable information.
Partner Sites may use cookies and/or other data collection tools.
This Privacy
Policy is incorporated into and is subject to the Nuuvy.com Genreral Terms and
Conditions. Your use of the Site and any personal information you provide to
Nuuvy remains subject to the terms of this Privacy Policy and our General Terms
and Conditions Agreement.
1. VIEWers:
Interacting with Videos and AFFILIATE AD LINKS
Information.
Nuuvy does not collect personally identifiable information (such as name,
username, address, phone number or email address) from Viewers viewing or
interacting with Videos and Ads. Notwithstanding the foregoing, Nuuvy does
collect certain non-personally identifying information about a Watcher each
time a Video is played: As you know, Nuuvy is dedicated to rewarding
NuuvyNuuvyMakers and Publishers with a share of the Ad revenue generated in
connection with a Video. As part of this process, each time a Video is played,
whether directly from the Site, from a Partner Site or from the Viewer's local
media after it has been downloaded, the Nuuvy Flash technology embedded in each
Video requests affiliate Ad links from the Nuuvy servers. For each Video Ad
request, Nuuvy collects a Watcher's Internet Protocol ("IP") address and information
that is specific to how a Watcher accesses and uses the Internet, as well as
how they view and/or interact with Videos and Ads: these non-personally
identifying details include, but are not limited to, the website you are logged
onto, the geographic location of the IP address you are using to access the
Internet, which and how many web pages you have viewed, search terms used,
referring/exit pages, platform type and date/time information, the number and
frequency of Viewers to each Video and Ad, the length of their viewing
patterns, the type of browser (and browser language) you use when Watching a
Video, the operating system your browser uses and what technology is available
through your browser in order to serve you the most appropriate version of a
Video or Ad (e.g., Flash or HTML) (collectively, with the identification of the
Video watched, the "Technology
Information").
Purpose.
The Technology Information Nuuvy collects about Viewers is anonymous and
does not personally identify a Watcher. It is obtained for the purpose of
selecting, delivering (and monitoring delivery and distribution of) Ads when a
Watcher has watched a Video, measuring the Video and Ad effectiveness with
Viewers and generally improving the Nuuvy Services. For each Video Ad request,
Nuuvy will use the Technology Information collected to select and display an Ad
after the Video play has been completed. Furthermore, Nuuvy uses the Technology
Information collected to analyze trends, audit Videos and Ads watched, monitor
Ad clicks, identify our "most viewed" or "most popular"
Videos, identify the geographic reach of our Videos and Ads, identify the
audience most likely to respond to Videos and Ads, and tailor Ad placements for
our Sponsors accordingly. This information may be shared with Nuuvy's
NuuvyNuuvyMakers, Publishers, Sponsors, employees, business partners and
affiliates. Nuuvy may aggregate this information and share such aggregated
information with interested third parties. In addition, Nuuvy reserves the
right to track IP addresses for the purposes of fraud prevention, and Nuuvy
reserves the right to release IP addresses to legal authorities.
Cookies.
Nuuvy uses cookies to help it collect, maintain and use Technology Information.
A cookie is a small data file that Nuuvy transfers to a Watcher's computer's
hard disk for record-keeping purposes when the Watcher is served a Video and an
Ad facilitated by Nuuvy. Cookies help Nuuvy better understand the effectiveness
of Video and Ad (for example, by tracking the way in which a Watcher responds
to, selects and interacts with a Video and Ad or any content provided therein,
or the location and context in which a Watcher views a Video and Ad). Please
remember, Partner Sites are not governed by this Privacy Policy and Partner
Sites may also use cookies and/or other data collection tools. You can reset
your web browser to refuse all cookies or to indicate when a cookie is being
sent. However, some features of the Nuuvy Services and Site may not function
properly if the ability to accept cookies is disabled. Nuuvy's cookies do not
contain any personally identifiable information and they can help control the
type of Ad and number of times a Watcher views an Ad. You can learn more about
the use of cookies by visiting http://en.wikipedia.org/wiki/HTTP_cookie.
Ad Links.
Ads may contain links to other websites, including those of our Sponsors.
Such websites may use cookies and/or other data collection tools. Nuuvy is not
responsible for the privacy practices, policies or the content of such
websites. Nuuvy encourages Viewers to read the posted privacy policies whenever
interacting with any website to learn more about the privacy practices of that
website. Nuuvy has no control over the use of a Watcher's personal information
or Technology Information by third party websites, and a Watcher should
exercise caution when deciding to disclose any personally identifiable
information. Nuuvy does not have access to, or control of, the cookies and/or
other data collection tools that may be placed on any Ad by a third-party,
including those of our Sponsors, and this Privacy Policy does not cover the use
of cookies and/or other data collection tools by any third party.
2. Visitors.
Browsing the Site
The Site, which
may be hosted in part or its entirety by a third party, is intended as a portal
for NuuvyNuuvyMakers, Publishers, Sponsors, Viewers, Visitors, business
partners and affiliates to access and use the Nuuvy Services (including
watching and interacting with Videos and Ads) and to offer information about
Nuuvy and the services it provides. The Site is designed so that a Visitor may
generally browse it without the collection of any personally identifiable
information (except for the Visitor's IP address). When a Visitor uses the
Site, Nuuvy may collect information, including some Technology Information,
indirectly and automatically (through the use of cookies, as described in
Section 1 above) about the Visitor's Site activity. Nuuvy uses this activity
information for internal purposes such as to administer the Site, improve and
customize the Site, help Nuuvy understand and analyze how the Site is being
used and track aggregate Site usage.
The Site permits
Visitors to watch or interact with Videos or Ads on the Site. See Section 1
("Viewers: Interacting with our Videos and Ads") for more
information. The Site also permits members to log into their accounts and
access some member-only services. See Section 3 ("Members: Nuuvy Account
Holders") for further information.
The Site and
the Nuuvy Services are not intended for persons under the age of thirteen (13).
If you are under thirteen (13), please do not use the Site or the Nuuvy
Services.
3. Members:
Creating a Nuuvy Account
Participation
in and access to certain features and functionality of the Site and Nuuvy
Services, require you to register and create a member account (an "Account") with Nuuvy. You can
choose not to register or provide certain information, but then you may not be
able to access or participate in some of the Nuuvy Services.
This section of
the Privacy Policy applies only to information we collect from our Members in
conjunction with their access to, participation in and use of the Nuuvy Services
and related Nuuvy technology and networks (including but not limited to
uploading Videos and accessing their Account portal). To become a Member, you
must be at least eighteen (18) years old and otherwise capable of forming
legally binding contracts under applicable law.
Nuuvy is
committed to maintaining the privacy of its Members.
Account
Information.
During Account registration, Nuuvy will collect personally identifiable
information from a Member that may include name, company name, address, email
address, telephone and fax numbers, Account password, bank information,
credit-card type, number and expiration date, domain address for serving Videos
and/or Ads, PayPal email address, social security number and/or Federal Tax ID
number, birthdate and other personal information listed in the Account
registration form (collectively, a "Member
Profile"). We may also ask you to provide us with optional
demographic information or information regarding your interests, hobbies or
similar information to enhance your viewing experience.
Purpose.
Nuuvy's primary goal in collecting a Member Profile is to communicate with
such Member, provide such Member with a smooth and efficient experience of the
Nuuvy Services, charge Sponsors, pay NuuvyNuuvyMakers and Publishers and to
operate, maintain and provide you certain features and functionalities of the
Nuuvy Services. To this end, Nuuvy may share Member Profiles with third-party
service providers and Nuuvy-related entities worldwide (e.g., its parents,
affiliates and subsidiaries and their successors and assigns) in connection
with payments and other aspects of operating and promoting the Site and the
Nuuvy Services. We require that these entities agree to use such information
based on our instructions and in compliance with this Privacy Policy and any
other appropriate confidentiality and security measures. Except as explicitly
stated herein, Nuuvy does not sell, rent or trade any Member Profiles to third
parties.
Use.
Nuuvy may use a Member Profile in the following ways:
- (a) Nuuvy may use a
Member's name, address, email address and telephone number: (i) to enable
Nuuvy to process, validate and verify an Account; (ii) to contact the
Member regarding Account activities or communications relevant to the
Nuuvy Services; and (iii) to contact the Member about new or existing
products and services or special offers.
- (b) Nuuvy may use an
NuuvyMaker's or Publisher's: (i) name, address, account password, bank
information or credit-card number in order to process and remit fees to
such NuuvyMaker or Publisher and/or verify personal information and
identity of the NuuvyMaker or Publisher; and as appropriate (ii) social
security number and/or Federal Tax ID number to prepare Form 1099s if
necessary and to help Nuuvy verify such NuuvyMaker's or Publisher's
identity.
- (c) Nuuvy may use an
Advertiser's: (i) name, address, account password, bank information or
credit-card number in order to process and charge fees payable by a
Sponsor and/or verify personal information and identity of the Sponsor;
and as appropriate (ii) social security number and/or Federal Tax ID
number to prepare Form 1099s if necessary or to help Nuuvy verify such
Sponsor's identity.
- (d) Nuuvy uses third-party
processing companies (including credit card processing companies) for
billing and payment purposes. These third parties may store or retain a
Member Profile. These third parties do not have any right to use the
Member Profile information Nuuvy provides to them beyond what is necessary
to assist Nuuvy.
- (e) Nuuvy may combine the
information collected from Members on the Site with information that
Members provide to Nuuvy in connection with their use of other Nuuvy
Services.
Cookies.
When a Member uses the Site, Nuuvy collects information indirectly and
automatically through the use of both session cookies and persistent cookies
(see Section 1, above, for more information on cookies). A persistent cookie
remains after you close your browser and may be used by your browser on
subsequent visits to the Site. Such cookies can be removed by following your
web browser help file directions; however, some features of the Nuuvy Services
and Site may not function properly if the ability to accept cookies is
disabled. Nuuvy automatically collects a Member's Technology Information
(including IP address), Site usage and Site activity information when a Member
logs into their Account or while using the Nuuvy Services. Nuuvy uses this Site
activity information to help Nuuvy evaluate how its Members use and navigate
the Site on an aggregate basis, including the number and frequency of Member
visits, and the length of their visits. Nuuvy also uses the non-permanent
session cookie to track and maintain a Member's login status during their
session on the Site. Nuuvy also uses this information for internal purposes,
such as to help Nuuvy diagnose any server problems, administer the Site,
improve and customize the Site, or help Nuuvy understand and analyze how the
Site is being used. Nuuvy may link IP addresses to certain personally identifiable
information only when reasonably necessary to satisfy any applicable law,
regulation, legal process or enforceable governmental request, enforce
applicable Member agreements, including investigation of potential violations
thereof, or detect, prevent or protect Nuuvy against or otherwise address
criminal activity, fraud, security or technical issues.
Opt-Out.
If a Member does not wish to receive communications from Nuuvy as
contemplated under this Privacy Policy, such Member has the ability to stop
receiving these mail communications by logging into their Account and accessing
the "Account Preferences" screen in the Nuuvy Site portal. Members
will, however, always receive administrative emails from Nuuvy that are related
to the Nuuvy Services.
Correcting/Updating
Member Information.
Members can review, update and edit their Member Profile by logging into
their Account and accessing the "Account Preferences" screen in the
Nuuvy Site portal.
Storing and
Processing Member Profiles.
Member Profiles collected may be stored and processed in any country in
which Nuuvy maintains facilities. Consequently, by using our Site,
participating in any Nuuvy Services and/or providing us with your Member
Profile information, Nuuvy has the right to transfer information outside of
your country, and you hereby consent to such transfer. If a Member registers an
Account via a Partner Site or any website controlled by Nuuvy or a
Nuuvy-related entity located outside of the United States, such Member Profile
must be disclosed to Nuuvy, which is located inside the United States, in order
for the Member to access or use any Nuuvy Services. Therefore, Member
acknowledges and consents to the sharing of its Member Profile with Nuuvy and
Nuuvy-related entities worldwide.
Data Security.
Nuuvy stores Member Profile information in limited access servers. Nuuvy
will maintain commercially reasonable safeguards to protect the security of
these servers and the Member Profiles. Although Nuuvy strives to keep Member
Profiles secure, no security measures are absolute or fool-proof, and there is
always a possibility that a security breach could occur, resulting in the
release of Profile information.
Transaction
History.
A Member may unsubscribe from the Nuuvy Services and request that Nuuvy remove
their Member Profile from the Nuuvy databases. However, in order to resolve
disputes, assist with any applicable law, regulation, legal process or
governmental requests or investigations, and due to technical constraints
(including the fact that Nuuvy backs up its systems), a Member's information
and transaction history are never completely removed from the Nuuvy databases.
4. General
Dispute
Resolution.
Nuuvy may use and disclose personally identifiable Member Profile
information and/or non-personally identifiable information Nuuvy obtains in
special circumstances if Nuuvy believes, in good faith, that Nuuvy is required
to do so, that such disclosures will potentially mitigate its liability, or are
necessary for Nuuvy to enforce its rights. For example, Nuuvy may disclose
information: (i) to appropriate authorities and/or to banks associated with a
Member's Account in order to prevent or report suspected fraud and illegal
activities; (ii) where it is necessary for Nuuvy to enforce the applicable Member
agreements; (iii) to resolve disputes, including disputes involving other
Members or consumers, in connection with actual or potential parties to a
lawsuit or actions that Nuuvy is or may become involved in, and to identify
potential liabilities and troubleshoot problems; or (iv) in order to prevent
harm to any persons. In some cases, the government can compel the disclosure of
information about a Member, and Nuuvy will need to comply, in which case Member
authorizes Nuuvy to do so.
Third Party
Links.
Nuuvy may also use third-party advertising companies to serve or track ads
on the Site and other websites. Such companies may use information (not
including your name, address, email address or telephone number) about your
visits to these websites in order to measure advertising effectiveness and to
provide advertisements about goods and services that may be of interest to you.
The Site may also contain links to other websites, including Partner Sites and
the websites of our Sponsors. Such websites may use cookies and/or other data
collection tools. Nuuvy is not responsible for the privacy practices, policies
or content of such other websites. Nuuvy encourages you to read the posted
privacy policies whenever interacting with any website to learn more about the
privacy practices of that website. Nuuvy has no control over the use of your
personal information by third party websites, including Partner Sites, and you
should exercise caution when deciding to disclose any personally identifiable
information. Nuuvy does not have access to, or control of, these cookies and/or
other data collection tools that may be placed on any advertisement by a
third-party, and this Privacy Policy does not cover the use of cookies and/or
other data collection tools by any third party.
Promotions and
Surveys.
From time to time Nuuvy may ask Members, Visitors or Viewers to respond to
surveys or participate in contests, sweepstakes and/or promotions. These
activities are entirely voluntary and you may decline to respond or
participate. If you choose to provide some of your personally identifiable
information in response to a survey, contest, sweepstake and/or promotion, such
information will be used for purposes of monitoring or improving the Site,
administering the survey and/or promotion or the use and satisfaction of the
Nuuvy Services.
Forums &
Correspondence.
Any personal information or Video content that you voluntarily upload to
the Site or disclose online (on discussion boards, in messages and chat areas,
within your public profile page, etc.) becomes publicly available and can be
collected and used by others. Your account name (not your email address) is
displayed to other Site users when you upload Videos or send messages through
the Nuuvy Site and other users can contact you through messages and comments.
Any Videos that you submit to the Nuuvy Site may be redistributed through the
internet and other media channels, and may be viewed by the general public. If
you e-mail someone else a Video or other special feature from our Site, we may
use the information you provide about someone else to send that person the
requested e-mail. If you contact Nuuvy, or if third parties send Nuuvy email or
other correspondence regarding your activities, Nuuvy may collect and use such
information (including email addresses) in order to respond to the
communication and send any relevant or requested information.
Corporate
Changes.
Nuuvy may sell, transfer, assign or otherwise share some or all of its
assets, including user information described in this Privacy Policy, in
connection with a merger, consolidation, reorganization or sale of assets. In
the unlikely event of bankruptcy or assignment for the benefit of creditors, we
may not be able to control how your personal information is treated, transferred
or used.
Our Policy
Towards Children.
Nuuvy does not knowingly collect personal information from, and our Site is
not directed to, children under the age of thirteen (13). If you are under 13
years of age, do not send any information about yourself to Nuuvy. If a parent
or guardian becomes aware that his or her child has provided us with Personal
Information without their consent, please contact us support@Nuuvy.com. If
Nuuvy becomes aware that a child under 13 has provided us with Personal Information,
we will delete such information from our files.
Changes and
Updates to this Privacy Notice.
This Privacy Policy may be updated from time to time for any reason. We
will notify you of any material changes by posting the new Privacy Policy on
the Site. Your use of the Site and the Nuuvy Services constitutes your
acceptance of the terms of this Privacy Policy, as may be amended or revised by
use, and you are advised to consult this Privacy Policy regularly for any
changes (revisions will be reflected by the "Date Last Modified"
below).
Contact Us
If you have any
questions, comments or concerns about our Privacy Policy, please contact us:
email: privacypolicy@Nuuvy.com
Nuuvy Privacy
23422 Mill Creek, Suite #115
Laguna Hills, CA, 92653