and various related services (together referred to as the “Site”). All visitors to, or users of, the Site are referred to individually, as “You” or “Your.”
Types of Information Collected
In order to better provide You with Our Site, We collect two types of information about Our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from You is to provide You with a smooth, efficient, and customized experience while using Our Site.
Personally Identifiable Information
Personally Identifiable Information refers to information that lets Us know the specifics of who You are. When You engage in certain activities on this Site, such as registering for an account, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, or sending Us feedback, We may ask You to provide certain information about You by filling out and submitting an online form. It is completely optional for You to engage in these activities. If You elect to engage in these activities, however, We may ask that You provide Us with Personally Identifiable Information, such as Your first and last name, mailing address (including zip code), email address, employer, job title and department, birth date, age, gender, telephone and facsimile numbers, short message service (SMS) or text message address or other wireless device address, and other personal identifying information. In addition, We may collect certain other Personally Identifiable Information, including Your IP address when You use Our Site.
Non-Personally Identifiable Information
Non-Personally Identifiable Information refers to information that does not by itself identify a specific individual. We gather certain information about You based upon where You visit on Our Site in several ways. This information is compiled and analyzed on both an individual and an aggregated basis. This information may include the Uniform Resource Locator (“URL”) of the website that You just came from, which URL You next go to, what browser You are using, the type of operating system You have.
Collection Methods and Use of Information
You provide certain Personally Identifiable Information to Us when You: (a) register for Our Services and register Your email address with Us or (b) send email messages, submit forms, submit comments or rankings, or transmit other information by telephone or letter. We may also collect information from You at other points on Our Site.
In addition, We may also collect, or Our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use Your IP address to diagnose problems with Our servers, software, to administer Our Site. Our third party ad servers will also provide Us with summary, but not individual, reports that will tell Us how many ads were presented and clicked upon at Our Site. We also may use this information in the aggregate to analyze usage of the Site, Services, promotions and online media, as well as to offer You targeted products and services. We also reserve the right to use aggregate or group data about Our visitors for any other lawful purposes. Aggregate or group data is data that describes the demographics, usage and/or characteristics of Our visitors as a group. By visiting, and/or supplying Your Personally Identifiable Information via the Site and other online media, You agree to allow Us to provide such aggregate data to any third parties at Our discretion, as lawfully permitted.
We do not use automatic decision-making (i.e., making decisions solely by automated means without any human involvement) or profiling (i.e., automated processing of Personally Identifiable Information to evaluate certain aspects of an individual).
Where We intend to process Your information for a purpose other than the purpose for which it was collected, We will provide You with information regarding the purpose for the processing, as well as other relevant information, prior to processing Your information for the new purpose.
Release of Information and Opt-Out
We reserve the right to share the postal addresses, phone numbers or email addresses of users with third parties, such as advertisers. To prevent Us from sharing this information in the future, please email Us at: [email protected]. We will not share users’ credit card numbers. Occasionally, We send e-mail messages to users to inform them of features and services available on Our Sites.
Occasionally We may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We cooperate with law enforcement agencies in identifying those who use Our Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that We in good faith believe to be unlawful.
We may also provide Non-Personally Identifiable Information about Our customers’ sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
We use third-party advertising companies to serve ads when You visit Our Site. These companies may use information (not including Your name, 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. This type of advertising is known as interest-based advertising.
We may also work with third parties that collect data about Your use of the Site and other sites or apps over time for non-advertising purposes. ItsTheVibe uses Google Analytics and other third-party services to improve the performance of the Site and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when You use Our Site, visit www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout/.
Visitors from the EEA, the UK, and Switzerland
This section applies to those that visit Our Site or interact with Us from the European Economic Area (“EEA”), the UK, or Switzerland.
ItsTheVibe processes Your information (i.e., Personally Identifiable Information and Non-Personally Identifiable Information) with Your consent. On other occasions, ItsTheVibe may process Your information when it needs to do this to fulfill a contract (e.g., to comply with contracts with Our business partners) or where required to do this by law. If necessary, ItsTheVibe may also process Your information when it is in ItsTheVibe’s legitimate interests to do this (e.g., for direct marketing purposes) and when these interests are not overridden by Your data protection rights.
If You wish to exercise the right to withdraw consent, please contact Us. Visit the “Miscellaneous Privacy Issues” section below for contact information.
You have a right to the following:
- To request access to the information We hold about You;
- To request that We rectify or erase Your information;
- To request that We restrict or block the processing of Your information;
- Under certain circumstances, to receive information about You that We store and transmit to another without hindrance from Us, including requesting that We provide Your information directly to another, i.e., a right to data portability; and
- Where We previously obtained Your consent, to withdraw consent to processing Your information.
To exercise these rights, contact Us. See the “Miscellaneous Privacy Issues” section below. Please be aware that We may be unable to afford these rights to You under certain circumstances, such as if We are legally prevented from doing so.
Additionally, You have the right to lodge a complaint against Us. To do so, contact the supervisory authority in Your country of residence.
Please be aware that the information We collect may be transferred to and maintained on servers or databases located outside Your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in Your location. If You are located outside of the United States, please be advised that We process and store Your information in the United States.
We will process and store Your information only for the period necessary to achieve the purpose of the storage, or as permitted by law. The criteria used to determine the period of storage of information is the respective statutory retention period or consistent with our internal data retention practices. After expiration of that period, the corresponding information is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract.
California Privacy Rights
Under California’s “Shine the Light” law California Civil Code Section 1798.83, California residents who provide Personally Identifiable Information in obtaining products or services for personal, family or household use are entitled to request and obtain from Us once a calendar year information about the customer information We shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which We shared customer information for the immediately prior calendar year (e.g., requests made in 2008 will receive information regarding 2007 sharing activities).
To obtain this information on behalf of ItsTheVibe, please send an email message to [email protected] with “Request for California Privacy Information” in the subject line and in the body of Your message. We will provide the requested information to You at YEour email address in response. Alternatively, You can request the information by writing to Us at 255 W. 36th Street, Suite 1105, New York, New York 10018. To prevent Us from sharing Personally Identifiable Information with third party advertisers in the future, please indicate this preference by sending Us an email at: [email protected].
Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in Our response.
In accordance with the “Shine the Light” requirements, California residents are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; by phone at (916) 445-1254; toll free at 1-800-952-5210; or by e-mail to:[email protected].
Updating and Correcting Information
In the event that You provide Us with Personally Identifiable Information, We believe You should have the ability to access and edit it. If You provide Us with Personally Identifiable Information, You may also access and correct Your Personally Identifiable Information and privacy preferences by emailing Us at [email protected] or writing Us at: 255 W. 36th Street, Suite 1105, New York, New York 10018. Please include Your name, address, and/or email address when You contact Us.
We encourage You to promptly update Your Personally Identifiable Information if it changes. If You provide Us with Personally Identifiable Information, You may ask to have the information deleted or removed; however, because We keep track of past transactions, You cannot delete information associated with past transactions on this Site. In addition, it may be impossible to completely delete Your information without some residual information because of backups.
User Choices on Collection and Use of Information
You also have choices with respect to cookies, as described below. By modifying Your browser preferences, You have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If You choose to reject all cookies some parts of Our Site may not work properly.
Security of Information
At Our Site You can be assured that Your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with Our user is of utmost concern to Us. Your Personally Identifiable Information is protected in several ways. Your Personally Identifiable Information resides on a secure server that only selected ItsTheVibe personnel and contractors have access to via password. We encrypt Your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to Us. Personal information that You provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while We strive to protect Your Personally Identifiable Information, You acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond Our control; (b) the security, integrity and privacy of any and all information and data exchanged between You and Us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
When You use Our Site We will store cookies on Your computer in order to facilitate and customize Your use of Our Site. A cookie is a small data text file, which a Web Site stores on Your computer’s hard drive (if Your Web browser permits) that can later be retrieved to identify You to Us. Our cookies store randomly assigned user identification numbers. The cookies make Your use of the Site easier, make the Site run more smoothly and help Us to maintain a secure Site. You are always free to decline Our cookies if Your browser permits, but some parts of Our Site may not work properly in that case.
Cookies are not designed to get data from Your hard drive, Your email account or any other Personally Identifiable Information You. Cookies are used to store information about a visitor’s preferences and history in order to better serve the visitor and/or present the visitor with customized ads, content and/or services.
We may use an outside ad serving company to display banner advertisements on Our Site. As part of their service, they will place a separate cookie on Your computer. We will not provide any third-party ad server with any of Your Personally Identifiable Information or information about Your purchases. We and Our third party ad server will collect and use Non-Personally Identifiable Information about You, such as Your IP address, browser type, the server Your computer is logged onto, the area code and zip code associated with Your server and whether You responded to a particular ad. Other advertisers may also place banner ads on Our Site in the same manner as above, but We will not disclose any Personally Identifiable Information to them. For more information about cookies, visit http://www.allaboutcookies.org/cookies/.
Privacy Policies of Third Party Sites
Miscellaneous Privacy Issues
You must be at least 16 years old to have Our permission to use this Site. Our policy is that We do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 16 years of age.
c/o Spine Media, LLC
Attn: Privacy Compliance
255 W. 36th Street, Suite 1501
New York, NY 10018
You may also contact Us by email at [email protected]