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PRIVACY POLICY:
Introduction.
Drivelocker is defined as the websites and services that are owned and operated by Drivelocker and its subsidiaries. Unless otherwise noted on the Drivelocker Website, each site included within Drivelocker is governed by this Privacy Policy.
Drivelocker is a web based service providing online storage space and related services that Subscribers can use to store, access, and protect their personal files. Our Privacy Policy below outlines the type of information we collect and receive from you while you are within the Drivelocker Website and using the Drivelocker Service, as well as ways in which we process and, sometimes, share such information and how you can correct or change such information. PLEASE REVIEW THE DRIVELOCKER AGREEMENT AND THIS PRIVACY POLICY CAREFULLY. YOUR USE OF THIS DRIVELOCKER WEBSITE AS A VISITOR TO THE DRIVELOCKER WEBSITE OR, IF APPLICABLE, YOUR REGISTRATION AS A “SUBSCRIBER” SIGNIFIES YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.
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How Drivelocker Collects “Subscriber Information”
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Guidelines Regarding Children
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How Drivelocker Uses “Subscriber Information” it Collects
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Disclosure of “Subscriber Information” to Third Parties
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Drivelocker’s Opt-in/Opt-out Policy
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Third Party Advertising and Links to other Sites
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Access and Editing/Correction
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How we protect and secure your Personal Information
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Applicable Law
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Changes to this Privacy Policy
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Contact Information
1. How Drivelocker Collects “Subscriber Information”.
A. “Personal Information” you provide to us
“Personally Identifiable Personal Information” is any information that can be used to identify a specific individual, such as your name, email address, home address, and phone number. Drivelocker asks you to provide such personal data in various places throughout Drivelocker. For example, when you register, Drivelocker asks you to provide your first and last name, your address, your e-mail address, a user name and a password.
In addition, you may choose to provide Drivelocker with additional “Non-Personally Identifiable Personal Information” about you and/or your personal preferences, including, for example, your credit card information when you register with us. Some other types of non-personally identifiable personal information might be information such as your marital status, household income, education level or employment status.
Some of these areas where the collection of such information takes place are listed below:
Member Registration:
In order to use many of Drivelocker's features, tools and services, we ask you to register to become a “Subscriber”. During this registration process, we will ask you for certain “Personal Information”, including your name, address, e-mail address and credit card number.
Surveys, Polls and Questionnaires:
Drivelocker may offer to you via e-mail online surveys and questionnaires that ask you for “Personal Information”. Occasionally, we may request “Personal Information” such as demographic information (like zip code, age or gender) when you answer a survey. Such surveys are completely voluntary.
E-mail Contact Regarding Questions and for Reporting a Problem with the Drivelocker Service:
You may provide us with certain Personal Information whenever your contact is regarding questions about the Drivelocker Service or to report any problems that you might be experiencing with the Drivelocker Service. If you contact Drivelocker, we may keep a record of that interaction, including any e-mail that you send to us.
B. “Web Activity Information” gathered by Drivelocker and its third-party service providers
When you visit the Drivelocker Website and interact with the services and tools that reside there, Drivelocker may collect information on your actions at the Drivelocker Website or “Web Activity Information”. In doing so, Drivelocker may utilize the services of certain third party service providers.
This type of “Web Activity Information” is generally collected from two sources. One is from the server log files and the other is from cookies.
Your IP address is a number that is assigned by your ISP (Internet Service Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer our website. We also sometimes use IP addresses to communicate with Subscribers, monitor our website, prevent fraud and possibly even ban those members who are not complying with our Drivelocker Agreement.
Our site uses a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information that a site's computer stores on your computer. Drivelocker can then read the cookies whenever you visit the Drivelocker Website. We use cookies to save your password so you don't have to re-enter it each time you visit our site, to deliver content specific to your interests, to track the pages you've visited and to make sure you don't see the same ads repeatedly. These cookies allow us to use the Web Activity Information we collect to customize your Drivelocker experience so that your visit to Drivelocker is as relevant and as valuable to you as possible.
You may modify your browser preference to provide you with choices relating to cookies. 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 cookies, you may be unable to use that part of the Drivelocker Service that requires registration in order to participate or will have to sign in each time you visit Drivelocker.
Advertisements at the Drivelocker Website might deliver a cookie to you so that the advertisements that you see can be tracked and the advertiser can ensure that you are not shown the same advertisement too many times. Since the advertiser and/or Drivelocker only tags your computer with a number at the time that you are using the Drivelocker Service, there is no knowledge about who you are. Drivelocker does not provide advertisers with any “Personally Identifiable Information” about you.
This privacy statement covers the use of cookies by Drivelocker only and does not cover the use of cookies or web beacons by any advertisers on the website or any other business partners. Some of our business partners (e.g. advertisers) use cookies on our site. We have no access or control over these cookies.
However, Drivelocker may use and share with these companies aggregate “Non-Personally Identifiable Personal Information” or “Web Activity Information” about your visits to Drivelocker and other sites in order to provide future advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please contact us at customerservice@drivelocker.com.
2. Guidelines Regarding Children.
Personal information about children is a concern for all of us. At Drivelocker, we take the protection of children's privacy very seriously. Drivelocker does not encourage participation or visitation by children. Visitors who are known to be under the age of 13 are prohibited from becoming a member or Subscriber.
3. How Drivelocker uses “Subscriber Information” it collects.
Drivelocker uses the “Personal Information” and “Web Activity Information” you provide for several purposes, such as to communicate with you and to operate and improve the Drivelocker Service and to give you a better experience when visiting Drivelocker by personalizing tools, content, services and email messages. Drivelocker also uses this “Subscriber Information” to build new services and develop offers that Drivelocker believes are more relevant and valuable to you.
The “Non-Personally Identifiable Personal Information” and “Web Activity Information” collected by Drivelocker is also used to create aggregated portraits of the Drivelocker’s audience, portraits which present anonymous statistical demographic information, but no personal data or Personally Identifiable Information. For instance, we may gather information about how you use the Drivelocker Service using log files, tracking pixels and database history tables. This aggregated information may be used, among other things, to determine trends and needs and it is compiled and analyzed on an aggregate and de-identified basis. For example, we may create a report that tells advertisers that 40 percent of our members are males in a certain age range, so that they can determine which of their products or services are most appropriate for our members.
Drivelocker will also use the aggregated “Non-Personally Identifiable Personal Information” and “Web Activity Information” discussed above, but no “Personally Identifiable Information” linked to it, to supply market research to third-parties, including potential advertisers and participating Resorts, to help them understand who the Drivelocker audience is.
Drivelocker will also use your e-mail address to send you e-mails that are generated when you perform certain functions within the Drivelocker Service. The types of e-mails that are sent may include, but are not limited to, welcome e-mails, share e-mails and cancellation e-mails.
4. Disclosure of “Subscriber Information” to Third Parties.
Drivelocker does not sell or otherwise share any Subscriber Information with unaffiliated third parties without your consent (Please see “Drivelocker’s Opt-In/Opt-Out Policy” below), except in the following instances: (i) disclosure is required by applicable law or pursuant to a court or similar order or Drivelocker otherwise believes in good faith that the law requires it; (ii) as deemed necessary, in Drivelocker's discretion, to enforce the legal rights of Drivelocker or to protect the property of Drivelocker, to enforce or protect the legal rights or property of a Subscriber of Drivelocker or any other third party, or to prevent personal injury of any person; (iii) in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of Drivelocker or its affiliated entities (including, without limitation, in connection with any bankruptcy or similar proceedings); (iv) disclosure of aggregate “Non-Personally Identifiable Personal Information” and “Web Activity Information” to third-parties for purposes of market research and (v) disclosure to any third-party service provider of Drivelocker or third-party retail distributors.
More specifically, Drivelocker may provide “Subscriber Information” to third parties who are providing technical or fulfillment services on behalf of Drivelocker when such disclosure is required in order to provide those services such as credit card information and other relevant information to a third-party credit card processing company, provided that such third parties agree to be bound by Drivelocker's Privacy Policy. The credit card account number is encrypted for added security during these transmissions. Note that we prohibit these third-party service providers from retaining, sharing, storing or using this Personal Information for any other purpose. If you register for Drivelocker through one of our third-party retail distributors, Drivelocker may disclose your e-mail address to that specific third-party retail distributor.
Drivelocker also reserves the right to share any “Subscriber Information” which you provide to (or which is gathered from) Drivelocker with (i) any or all of its subsidiaries and affiliates (collectively, our "Affiliates") and (ii) third-parties participating in any of our affiliate programs or with which we have a marketing, sponsorship or advertising relationship (collectively, our “Third-Party Affiliates”) (subject to the “opt-out” right described below, with respect to disclosures of “Subscriber Information” to Affiliates for their direct marketing uses). Drivelocker will also have access to any information you provide to (or which is gathered from) the web sites of any of our Affiliates or Third-Party Affiliates.
As stated above, the “Non-Personally Identifiable Personal Information” and “Web Activity Information” you provide on pages of Drivelocker, including those that are co-branded with a third party (including tools that are hosted by a third party), may be shared with third-parties on an aggregated basis, for market research purposes, and in these instances, your permission will not be requested since no personal data or “Personally Identifiable Information” will be shared or provided to these third parties. Drivelocker will, however, use commercially reasonable efforts to contractually require all such third parties to agree not to use any “Non-Personally Identifiable Personal Information” about you, in conjunction with other sources of information, or otherwise, to identify you.
5. Drivelocker’s Opt-in/Opt-out Policy.
Opting-In
Upon registration or from time-to-time, you may be asked to indicate whether you are interested in receiving information from us about special offers or news about our sites and advertisers. If you do choose to receive these communications by means of an opt-in, we will occasionally send you an email message that matches your request(s).
You will also be provided with the opportunity to opt-in to receive offers, goods and services directly from select companies other than Drivelocker. In such instances where you have opted-in to receive such offers, goods and services from third parties, Drivelocker will share your information with such third parties and will often provide you access to the Privacy Policy of the third party for your review via a link.
For purposes of this Privacy Policy, "opt-in" is generally defined as any affirmative action by a Subscriber or visitor to submit or receive information, as the case may be.
In some instances, when you have the opportunity on the Drivelocker Website to subscribe to a newsletter offered by a third-party email service, advertiser or partner, the email address information will be located on the third party's server and any information you provide is subject to that entity's Privacy Policy, not this one.
If you have additional questions about how one of our advertisers, partners or sponsors use information about you, we urge you to contact them directly.
Opting-Out
We currently provide the following opt-out opportunities:
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At any time, you can follow a link provided in every newsletter or email message (except for e-commerce confirmation or service notice emails) to unsubscribe from that mailing list or email service.
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At any time, you can contact us through customerservice@drivelocker.com to have your contact preference changed to "Do Not Contact Me."
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At any time, you can opt out of having your Personally Identifiable Personal Information shared with our Affiliates or Third-Party Affiliates for their direct marketing purposes.
Notwithstanding anything else in this Privacy Policy, please note that Drivelocker reserves the right to contact you in the event of a change in the Service Terms and/or this Privacy Policy.
Also, remember, once you have provided information directly to any third-party (including any “Affiliate” or “Third-Party Affiliate”), if you Opt-out as noted above, Drivelocker cannot require the third-party to delete any of the information that you have already provided because the third-party’s use of that information will be subject to that third-party’s privacy policy, but Drivelocker can, and will, no longer contact you or share your information in the future with such parties.
6. Third Party Advertising and Links to other Sites.
Drivelocker may contain links to participating Resort websites or service provider websites that are not co-branded or affiliated with Drivelocker in any way. We cannot be responsible for the privacy practices or the content of such non-Drivelocker websites, and we do not control the practices of any of our participating Resorts or service providers to whose sites we link.
7. Access and Editing/Correction.
Drivelocker provides you with the ability to access, correct or change the “Personal Information” in your Subscriber portrait at any time, including contact information, credit card information or other information you've provided to us. However, you cannot currently change your Subscriber name although you may re-register and choose a new name. To review, modify or delete your Subscriber Information, please login to your Drivelocker account. Please be advised that Drivelocker currently archives information it collects on its Subscribers and Visitors.
8. How we protect and secure your “Personal Information”.
The importance of security for all “Personal Information” associated with our visitors and Subscribers is of utmost concern to us.
First, all of your member “Personal Information” requires use of your password. We recommend that you do not share your password with anyone.
Second, we exercise reasonable care in providing secure transmission of your “Personal Information” from your PC to our servers and ensuring the security of your information on our systems. For example, Drivelocker uses industry-standard tools, such as firewalls, in an attempt to make your information secure and confidential. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take steps to protect your information, Drivelocker can't ensure or warrant the security of any “Personal Information” you transmit to us or from our online products or services, and you do so entirely at your own risk.
What else should I know about my privacy?
Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. Drivelocker does not control and is not responsible for how others use that information.
9. Applicable Law.
We control and operate Drivelocker from the United States. Drivelocker is not intended to subject us to the privacy laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that Drivelocker is appropriate for use in any particular jurisdiction. Those who choose to access Drivelocker do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
10. Changes to this Privacy Policy.
We will notify our Subscribers when we make any significant changes to our Privacy Policy that affect the use of any personally identifiable information we collect. We will not make new use of any “Subscriber Information” which Drivelocker gathered from individual Members or Visitors prior to any such significant change in our Privacy Policy without first obtaining the Member's or Visitor's consent for any new uses.
In instances where we ask for your “Personal Information” and we tell you the data we are collecting on that page will be shared with unaffiliated third parties, and in cases where a Visitor or Subscriber to Drivelocker opts-in to share his/her “Personal Information” with third parties, those disclosures and opt-ins will override anything to the contrary in this Privacy Policy.
In addition, Drivelocker reserves the right to make non-significant changes to our Privacy Policy that will not affect Drivelocker's use of a user's “Subscriber Information” at any time without any notice to you other than posting any such changes in a revised Privacy Policy on Drivelocker.
We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.
The Privacy Policy will include the most recent date in which any revision has been made. Please note that this Privacy Policy is also incorporated into the Drivelocker Agreement.
11. Contact Information.
If you have questions about this Privacy Policy or anything else about Drivelocker, you may direct them to customerservice@drivelocker.com or to Drivelocker LLC, 15 East North Street, Dover, Delaware 19901.
ACCEPTABLE USE POLICY:
The following content is a partial list of the kind of Subscriber Content that is illegal or is otherwise not acceptable for uploading on the Drivelocker Website and through the Drivelocker Service:
i. content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. content that harasses or advocates harassment of another person;
iii. content that involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. content that promotes an illegal or unauthorized copy of another person's copyrighted work or posts, distributes, or reproduces in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
vi. content that includes restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. content that is adult oriented or pornographic;
viii. content that provides material that exploits people under the age of 18 in a sexual or violent manner;
ix. content that solicits personal information from anyone under 18;
x. content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
xi. content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
xii. content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
xiii. any other content that Drivelocker believes violates the rights of any other Subscriber, harms or threatens the safety of any other Subscriber, or is otherwise not being posted in the general spirit of the Drivelocker Service.
In addition,
a. You understand and agree that Drivelocker may review and delete any content, messages, photos or profiles or other Subscriber Content that in the sole judgment of Drivelocker may be offensive or illegal, violate the rights of any other Subscriber, harm or threaten the safety of any other Subscriber, or otherwise violate the terms of this Acceptable Use Policy.
b. You are solely responsible for the Subscriber Content that you upload or submit to the Drivelocker Service or any material or information that you transmit to other Subscribers.
c. Drivelocker reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this Acceptable Use Policy, including without limitation, removing the offending communication from the Drivelocker Service and terminating the Subscriber Account of such violators.
It is the policy of Drivelocker to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyright material where the copyright material is available at, or from, a system or network controlled or operated by or for Drivelocker.
I. Notification
If you are alleging that copyrighted material may have been or is being infringed (hereinafter, you are a “complaining party”), then you may notify Drivelocker pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the US Digital Millennium Copyright Act, 17 USC 512(c), by sending notice to the following Agent, who has been designated by Drivelocker to receive notifications of alleged copyright infringement:
Drivelocker, LLC
15 East North Street
Dover, Delaware 19901
Each notification of infringement must include the following:
1. a description of the allegedly infringed work in which copyright is claimed;
2. a description of the allegedly infringing material and information reasonably sufficient to permit Drivelocker to locate the material;
3. information sufficient for Drivelocker to contact you, including your name, address, telephone number and/or email address;
4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
6. a physical or electronic signature of the copyright owner or a person authorized to act on such owner’s behalf.
II. Response
In response to each notification of infringement containing the information specified under the heading “Notification” above, Drivelocker or its Agent shall:
1. promptly remove or disable access to the material that is deemed infringing;
2. promptly provide written notification to the alleged infringer; and
3. take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.
III. Counter Notification
Such alleged infringer may serve a Counter Notification on the designated Agent. Each Counter Notification must include the following:
1. identification of the material that has been removed or to which access has been disabled;
2. a statement, made under penalty of perjury, that the alleged infringer has a good-faith belief that the material was removed or disabled through mistake or misidentification;
3. the alleged infringer’s contact information, including name, address, telephone number, and a statement that the alleged infringer consents to the jurisdiction of the Federal District Court for the judicial district in which such address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Drivelocker may be found, and that the alleged infringer will accept service of process from the complaining party who provided notification pursuant to the heading “Notification” above or an agent or such person.
4. a physical or electronic signature of the alleged infringer or a person authorized to act on the alleged infringer’s behalf.
IV. Response to Counter Notification
In response to each Counter Notification containing the information specified under the heading “Counter Notification” above, Drivelocker or its Agent shall:
1. promptly provide the complaining party with a copy of the Counter Notification;
2. inform the complaining party that it intends to replace the removed material or cease disabling access to it within ten (10) business days;
3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the Counter Notification, provided that Drivelocker’s or its Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on Drivelocker’s system or network.
NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f).
Updated 04/27/2009
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