We have adopted this privacy policy (the “Privacy Policy” or “Policy”) to protect your personal information and to let you know how we might use it. This Privacy Policy applies only to activities you perform on the Smerby.com website (the “Website”), transactions for purchasing Smerby services, and activities or communications that occur between us and you (collectively known as the “Service”) and does not apply to any other website. This Policy may be modified from time to time by us in our sole discretion. Please periodically review this Policy to be updated on modifications hereto. Each time you use the Service or provide us with information in connection with the Service, you are accepting the terms and conditions in this Privacy Policy at that time. As used in this Policy, “Smerby,” "we," "us," and “our” all refer to Smerby.com, LLC or any successor or assign of Smerby.com, LLC; and “you,” “your,” “Member,” “Premium Member,” “Associate,” “Distributor,” “Rep” and “user” (as may be applicable) all refer to you, the user of the Service.
This Policy was implemented on July 31, 2009 and was last updated on July 31, 2009.
Your IP Address
Each time you use the Service, we automatically collect your IP address and the webpage from which you came. In order to administer and optimize the Service and to diagnose problems regarding the Service and the Website, we use your IP address to help identify you and to gather broad demographic information about you.
Cookies
Like most other websites, we use cookies to enhance your experience on the Website. We also use cookies to deliver content that is specific to your interests, to save your password, and if you choose, to save other personal information so you do not have to reenter it each time you use the Service. Third party advertisers on the Website may also place or read cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain aspects of the Service.
Information We Collect From You
In order to operate the Service and to provide you with information about products or services that may be of interest to you, we may collect personal information (i.e. information that could be used to contact you directly without using the Service); or demographic information (i.e. information that you submit, or that we collect, that may include, but is not limited to, zip code, postal code, hometown, gender, age/birth date, purchase history information, browsing history information, searching history information, and registration history information, subject to the rest of this section).
Demographic information is divided into two categories: 1) non-public information, which consists of purchase history information; and 2) public information, which consists of all other demographic information.
Children under 18 Years Old
You represent, warrant, and covenant that you are at least 18 years old or the age or majority in the jurisdiction in which you reside. If you are not at least 18 years old or the age of majority in the jurisdiction in which you reside, please do not register with the Service.
We do not knowingly permit persons under 18 years old to register for the Service, nor do we knowingly collect or solicit personally identifiable information from or about persons under 18 except as permitted by law. Further, we do not store any personal information of users who indicate that they are under the age of 18.
In the event that we learn that we have collected personal information from a child under the age of 18, we will immediately delete such information. If you are a parent of a child under 18 and you believe that your child has registered with or used the Service in violation of this Policy, please contact us at legal@smerby.com.
Information Other Websites Collect From You
We may place links to other websites (“Third Party Websites”) on the Service, which Third Party Websites are operated by third parties. Some of these Third Party Websites may contain our brand names, trademarks, or other intellectual property that we own; others may not. When you click on these links and visit Third Party Websites, regardless of whether or not they contain our brand names, trademarks or other intellectual property, you need to be aware that we have no control over these Third Party Websites, the content therein, or their business decisions or practices, and that this Privacy Policy does not apply to these Third Party Websites. Consequently, the operators of these Third Party Websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Service.
You must review the privacy policies of these Third Party Websites, and you agree that we will not be responsible for the actions of the operators of these Third Party Websites.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Service, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Service, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
How We Use Personal Information
We use your email address and your other personal information to help us efficiently operate the Service and to contact you in connection with your transactions and other activities on the Service (including, but not limited to, confirmation emails or important news that could affect your relationship with us). These types of communications are known as "Relationship Communications." In some cases, Relationship Communications may also contain commercial messages, such as banner ads and special offers.
We also use personal information to send you newsletters, offers and other promotional materials for our or third parties' goods or services. We endeavor to send you offers that are of value to you, such as discounts, exclusive offers or special event information. The Website provides you with options to decline to receive communications (other than those contained in Relationship Communications). Some of these options may only be for a certain category of communications; others may be more general.
To operate the Service, including processing your transactions and supporting your activities on the Service, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose.
In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Service. These pages are known as "Co-Branded Pages" and these companies are known as "Co-Branded Companies." If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel .gif file) that a third party may use to read cookies that it or its clients may have placed on your browser at other websites before your visit to the Website. This technology is used to measure the effectiveness of advertisements on such other websites that promote Co-Branded Pages. Further, such other third parties may use the information collected through this technology to learn more about your visits to this Service and other websites in order to provide advertisements about goods and services of interest to you.
Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
How We Use Public Information and Other Demographic Information
We may use demographic information to tailor the Service and our communications to you to your specific interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to you.
Our sharing of demographic information with advertisers is anonymous (i.e., we do not tell advertisers which particular Members belong to which demographic groups), subject to this Privacy Policy. When you respond to an advertisement, however, we ask you to remember that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a member of that demographic group. Please also be aware that when we disclose your financial information or personal information to a Co-Branded Company, as described above, we may also disclose to that Co-Branded Company your demographic information.
How You Can Access and Update Your Information
We give you the opportunity to opt-out of certain communications and modify personal information or demographic information you have provided to us at anytime by signing in and going to the "Account Settings" portion of the Website. Please be aware that it may take several hours for the changes you make to take effect. Please note that changing or deleting your information in the "Account Settings" section of the Service, or otherwise opting-out of receipt of email communications from us, will only change or delete the data in our database for purposes of future activities on the Service and for managing future communications from us. These changes and deletions will not change or delete emails or information that we may have already forwarded to credit card companies or any other third parties, all as provided above in this Privacy Policy.
If you have any questions or concerns about this Privacy Policy, the practices of the Service, or your dealings with the Service, you can contact us at legal@smerby.com.
California Residents
If you are a California resident, you have the right to receive: a) information identifying any third party company(ies) to whom we may have disclosed, within the past calendar year, personal information pertaining to you and your family for the company's direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information you must make a request in writing. For your request to be processed, it must include your name and email address, the URL for the website you visited, and a return address. We will not honor such requests more than once per calendar year. Please mail your request to legal@smerby.com.