Version Date: 7/6/2009
Our websites are hosted in the United States of America and are subject to U.S. state and federal law. Our office is located in the State of New York. If you are accessing our websites or servers from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website and our servers, you consent to that transfer and to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website, the Bitochon Services and your agreements with us. Any persons accessing our Website or using the Bitochon Services from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Bitochon Services in a manner lawful in their jurisdiction. If your use of the Bitochon Services is unlawful in your jurisdiction, please do not use the Bitochon Services.
The Bitochon Services are not intended for children under 13 years of age. Bitochon does not knowingly collect personal information from children under 13.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Website Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, Bitochon gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website. Bitochon analyzes Non-Personally-Identifying Information gathered from users of the Website to help Bitochon better understand how the Website is being used. By identifying patterns and trends in usage, Bitochon is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Bitochon may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the Website each time the user submits a query to the site. Bitochon uses Web Cookies to track the pages that users visit during each Website session, both to help Bitochon improve users’ experiences and to help Bitochon understand how the Website is being used. As with other Non-Personally-Identifying Information gathered from users of the Website, Bitochon analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Bitochon, its partners and others better understand how the Website is being used. Bitochon does not attempt to link information gathered using Web Cookies to Personally-Identifying Information. COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including any Personally-Identifying Information) about your visits to this and other websites that are contained in Web Cookies in order to provide advertisements about goods and services of interest to you. Using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers’ and networks’ Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link: http://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.
A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page. Bitochon may use Web Beacons on the Website to count users who have visited particular pages and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information; they are a technique Bitochon may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Website.
Aggregated and Non-Personally-Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Bitochon collects a range of Personally-Identifying Information from and about users. Much of the Personally-Identifying Information collected by Bitochon about users is information provided by users themselves at the time they sign up to use the Bitochon Services. That information may include each user’s name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, and other demographic information such as your hometown, your gender or your username, and other relevant information as determined by Bitochon from time to time. Users of the Bitochon Services are under no obligation to provide Bitochon with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain BitochonServices. BY REGISTERING WITH OR USING THE BITOCHON SERVICES, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
Online Forums and Public Postings
Certain Personally-Identifying Information collected from users is disclosed as a matter of course as a result of those users’ use of the Bitochon Services. We provide areas on our Website where you can post information about yourself and others and communicate with others or upload content such as photographs. Such postings are governed by our Terms of Service Agreement. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.
We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails by sending a request via email to info@Bitochon.com, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
DMCA Infringement Notifications, Notices of Violations of Website Terms of Service Agreement and Other Communications Directed to Bitochon
By submitting a copyright infringement notification under the Digital Millennium Copyright Act (DMCA) (explained further in our Infringement Policy) or other communication (including communications about content stored on or transmitted through the Bitochon Services) you consent to have such communication forwarded to the person or entity who stored, transmitted or linked to the content addressed by your communication, in order to facilitate a prompt resolution. DMCA copyright infringement notifications (including any personally identifiable information set forth in the notifications) will be forwarded as submitted to Bitochon without any deletions.
Other Collection Methods
We may also periodically obtain both Personally-Identifying Information and Non-Personally-Identifying Information about you from other Bitochon-affiliated businesses, business partners, contractors and other third parties and add it to our account information or other information we have collected. Examples of information that we may receive include: updated address information, purchase history, and additional demographic information.
We may also collect and store Personally-Identifying Information about other people that you provide to us, such as their name, address and email address. If you use our Website to send others (friends, relatives, colleagues, etc.) a product as a gift, we may store your Personally-Identifying Information , and the Personally-Identifying Information of each such recipient in order to process those requests or facilitate future activities.
Bitochon will disclose Personally-Identifying Information under the following circumstances:
- By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Bitochon, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you can notify us at any time by opting out at the time you register for our site, or at any time thereafter by sending a request via email to info@Bitochon.com.
- Marketing Communications. Unless users opt-out from receiving Bitochon marketing materials upon registration, Bitochon will email users about products and services that Bitochon believes may be of interest to them. Bitochon also may provide users’ email information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of having their email information provided to third parties at any time after registration, they may do so by sending a request via email to info@Bitochon.com. Even after opting-out, a user may continue to receive marketing emails from third parties to whom Bitochon already has provided the user’s email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
- Third Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
Changing Personally-Identifying Information; Account Termination
We use the Personally-Identifiable Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website to: deliver the products and services that you have requested, manage your account and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on our Website and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, reward you for the ads you watch, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our user agreements, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifiable Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifiable Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on our Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
CONTESTS, GIVEAWAYS AND SURVEYS.
EMAIL TO FRIENDS FEATURE AND REFERRAL PROGRAM
Bitochon may offer users the ability to send friends emails about the Bitochon Services. If users choose to use this feature, be assured that Bitochon only uses friends’ email addresses on a one-time basis to send the requested email.
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks.
YOUR CALIFORNIA RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
Bitochon Privacy Officer
Bitochon Technologies, LLC
20 President Street
Staten Island, NY 10314
phone: 718 576 2280
fax: 718 504 4451
Bitochon Technologies, LLC Version Date: 7/9/2009
Bitochon Technologies, LLC (Bitochon) is committed to compliance with copyright law and expects all users and visitors to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed by means of the Internet. Under the DMCA, copyright owners may notify the designated agent of an Internet service provider about any alleged infringement of their protected works, as appearing on web pages controlled or operated by the service provider.
Upon receipt of a properly delivered notification satisfying the requirements of the DMCA, Bitochon will take down the allegedly infringing material or disable access to it. If the user who posted the content believes in good faith that the take down or disabling was improper under the DMCA, the user may submit a counter-notification to Bitochon. If the counter-notification is presented in accordance with the requirements of the DMCA, Bitochon will post the disputed content again or re-enable access to it. In all events, Bitochon will not be a party to any dispute between third parties over alleged copyright infringement and will not seek to make an independent determination as to the validity of any claim that is the subject of any DMCA notification.
Bitochon is providing the following information to you for informational purposes only. This information should NOT be construed as legal advice. If you believe that your rights have been violated and to help you understand your legal rights, you may wish to seek legal counsel.
1. Notification of Alleged Copyright Infringement
If you believe that content on a website hosted by Bitochon or otherwise made available via Bitochon is violating your rights under U.S. copyright law, you may send your DMCA notice to Bitochon’s designated agent in the manner described below.
|By Mail:||Bitochon Technologies, LLC
Attention: Designated Copyright Agent
20 President Street
Staten Island, NY 10314
|By Telephone:||718 576 2280|
|By Fax:||718 504 4451|
For your notification to be considered under the DMCA, it must contain all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of those works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit Bitochon to locate the material.
4. Information reasonably sufficient to permit Bitochon to contact the complaining party, such as an address, telephone number and, if available, an email address.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or applicable law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, making a misrepresentation in a DMCA notification concerning copyright infringement may make the notifying party liable for any damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright owner, by the copyright owner’s authorized licensee or by Bitochon.
If your content has been removed or access to your content has been disabled as a result of a notice of copyright infringement, you may file a counter-notification with Bitochon’s designated agent at the address listed above. Your counter-notification must contain all of the following:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or, if your address is outside of the United States, a statement that you so consent as to any judicial district in which Bitochon may be found), and that you will accept service of process from the person, or an agent of the person, who provided the notification.
If Bitochon receives a valid counter-notification, the DMCA provides that the removed material will be restored, or access re-enabled ten to fourteen business days following receipt of the counter-notification.
You should be aware that, under the DMCA, making a misrepresentation in a DMCA counter-notification concerning copyright infringement may make the notifying party liable for any damages, including costs and attorney’s fees, incurred by any copyright owner, by the copyright owner’s authorized licensee or by Bitochon.
In addition to the rights and procedures set forth in the DMCA, Bitochon reserves the right to terminate or suspend accounts of its users known to Bitochon to be repeat infringers of copyrights.