NexTag, Inc. - Website Privacy Statement/Your California Privacy Rights
Effective February 26, 2009http://www.nextag.com/serv/main/buyer/help/prPrivacyPolicy.jsp
1. Scope and Changes
NexTag, Inc. ("NexTag" or "we") operates the websites, www.nextag.com
, and permutations of those sites, including certain co-branded versions of those sites with third parties, that refer to this Website Privacy Statement in a direct hyperlink (the "Websites"). NexTag respects your privacy and we want you to be confident in sharing your information with us. This Website Privacy Statement is designed to inform you of the types of information we collect from users, how we use that information, and the circumstances under which we will share it with third parties. This Privacy Statement applies only to the Websites. It does not apply to your use of any other websites (whether or not operated by us), including any websites to which we provide links or websites of our partners or advertisers, or to any activities which are not online.
Please note that some features and/or services referenced may not be available on some Websites. Therefore, portions of this Privacy Statement that pertain to such features or services may not be applicable on each of the Websites.
NexTag, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. Because NexTag wants to demonstrate its commitment to our users' privacy, it has agreed to disclose its information practices and have its privacy practices governing the Websites reviewed for compliance by TRUSTe.
This Website Privacy Statement is effective as of the date listed above. Even if you read and/or agreed to a prior policy statement, you need to review this updated version. We reserve the right to revise this Website Privacy Statement at any time and at our discretion. If we decide to change our Website Privacy Statement, we will post those changes to this Website Privacy Statement accessible on the homepages of the Websites, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via either email or by posting a notice on the Websites for 30 days.
2. Personal Information and How We Use It
Generally it is possible to use some features the Websites without providing us with any personally identifiable information, but on some of our Websites, users have the option of providing various personal information to make the best use of available services and features and certain services and features require that you provide personal information. This section describes what we collect and how we use it. Providing the information is always voluntary, however, and you can always choose not to provide the information by choosing not to use the service or feature. By providing the information you agree to our use consistent with this statement.
INFORMATION SUBMITTED BY YOU
Zip Code and E-mail Address: On some of the Websites, you have the choice of providing your ZIP Code or e-mail address. We use your ZIP Code to compute TruePrice including the cost of shipping and sales tax. In connection with some of the matching services we provide (e.g., mortgage and real estate services), we may also use your ZIP Code to match you with third parties offering services in your area.
On some of the Websites if you wish to register for either Price Alerts (through our Watch List feature) or our Buyer's Alert Newsletter, provide product reviews, or be matched with participating service providers, we require that you provide us with your email address. We will use this to email you with the Price Alert, the Buyer's Alert Newsletter, and other information or service provider match results you may have requested.
Basic Contact Information: On some of the Websites you may be able to become a registered user. When you decide to become a registered user, we ask for some basic contact information, such as username, ZIP Code, and email address. We use this basic contact information to facilitate the use of certain features of our Websites (e.g., TruePrice prices, submission of product/merchant reviews and creation of lists) and to send you information about our company, services and products, and to communicate occasional offers from our partners and advertisers.
Complete Contact Information: If you wish to be contacted by a merchant or service provider, such as an auto dealer in your local area, a mortgage broker or an educational institution, we collect full name, e-mail address, phone number, as well as other information that may be appropriate for the service, and we provide that information to the relevant merchant(s) or service provider(s).
On some of the Websites a registered user may decide to become a merchant. When registering as a merchant, we collect complete contact information, i.e., full name, address, e-mail address, and phone number, as well as credit card number and expiration date. We use this information to validate the merchant's identity and to bill the merchant for services provided by NexTag and approved in advance by the merchant. All credit card information is encrypted.
Service User Information: On the Websites where it is available, if you choose to receive information about services described on the Website, such as mortgages, educational programs/institutions, personal finance products, insurance or other products or services, NexTag may request that you complete a questionnaire, which may include personal financial and contact information and may include Social Security Number and other information that is relevant to the service ("Service User Information"). You may elect not to provide Service User Information, in which case you will not be able to receive the service. Service User Information enables NexTag to provide you with information specifically about requested services, or allows NexTag to provide your Service User Information to merchant(s) or service provider(s) who will contact you and provide you with information about requested services. In some circumstances NexTag may use Service User Information to obtain additional information about you, such as your credit score and your credit report, to improve the matching service with lenders and brokers. NexTag also may provide merchant(s) or service provider(s) with non-personally identifiable information that we collect about your visit to the Websites, such as your IP address.
Content or Correspondence Submitted By You: If you choose to post content on any of the Websites where posting is available (for example, a product or merchant review), or submit personal correspondence to NexTag, we may collect and maintain that information in a file specific to you.
Lists: Some of the Websites allow you to create lists of products that are interesting to you. The default for certain lists is for the list to be publicly available. You may change the privacy setting of your lists as provided on the Websites.
INFORMATION ACQUIRED AUTOMATICALLY
We collect certain information on the Websites through your experience and activities, cookies, log files, clear gifs, and/or use of third party websites to create a profile of our users. A profile is stored information that we keep on individual users that detail their viewing preferences, activities and interactions with NexTag. Consequently, collected information is tied to the user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to the Websites, and, subject to the Opt-Out Policy stated below, to direct pertinent marketing promotions and communications to them.
- Log Files: Like most standard website servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Web site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. We use your IP address at times to help identify you as you browse and to gather broad technical and demographic information on who uses our Websites. We do not tie log files to personally identifiable information.
- Clear Gifs (Web Beacons/Web Bugs): We and/or our third party advertisers employ a software technology called clear gifs (also known as Web Beacons or Web Bugs). They help us better manage content on our site by informing us what content and which campaigns are effective. Clear gifs are similar in function to cookies and are used to track the online movements of Web users. In addition, NexTag and its advertisers may use clear gifs in HTML-based emails. This allows us to evaluate the effectiveness of our communications and our marketing campaigns by showing how many emails recipients have opened. We also utilize clear gifs to enable NexTag or third parties to provide you with advertisements, both on our sites and on third-party sites, that are tailored to your interests. We do not tie web-beacons to personally identifiable information.
PEOPLE UNDER 18 YEARS OLD
Our Websites are not intended for use by people under eighteen (18) years of age. If you are under 18, please do not send any information to us. By accessing Websites or using our services, you represent that you are 18 years of age or older.
GENERAL USES OF INFORMATION
In addition to the uses described above, we may use your personal information for any of the following:
• To contact you regarding the status of your inquiries relating to services or products listed on our Websites.
• To contact you to confirm your service inquiry, to confirm, complete or update your Service User Information or registration information, or for any other business reason related to your use of our Websites.
• To contact you in response to a customer service question from you, or in relation to any issue arising in respect of the agreement between NexTag and you, or to resolve or attempt to resolve a dispute between users or between NexTag and you.
• To process credit card payments approved in advance by you.
• To allow you to send an email to another user who is listing an item for sale on our site, where available.
• To assist law enforcement or other governmental agencies investigating cases of possible illegal activities by third parties.
• To improve the experience of using the Websites, improve NexTag's products and services, improve marketing and promotion of our products and services, customize the Websites' content and layout, and generally improve the Websites to meet your needs better.
3. Who We Share Your Personal Information With
- Aggregated information: We aggregate personal information into statistics about users, their usage of the Websites, traffic patterns, and demographics. We may provide third parties with such statistics, but never in a way that would make the information personally identifiable: this data is aggregated from millions of users to the Websites each month.
- Merchants and Service Providers: If you choose to submit to us your Complete Contact Info as part of a request to be contacted by merchant(s) or service provider(s), we will supply to the merchant(s) or service provider(s) your Complete Contact Info and those merchant(s) or service provider(s) will contact you using the information regarding the specific query that you have raised. Merchant(s) or service provider(s) that receive your Complete Contact Info may contact you regarding other products and/or services. If you choose to submit to us a questionnaire which includes Service User Information, we may provide the information submitted in that questionnaire along with additional information we obtain about you based on your Service User Information, such as your credit information, to any of our participating merchants or service provider(s) who may provide the products or services to which your request relates. Your submission of the questionnaire will be your consent to our disclosure to any such merchant(s) or service provider(s). NexTag does not have control over the use of the Service User Information once provided to merchant(s) or service provider(s): your rights in respect of their treatment of your information will be governed by their own policies.
- Processing Agents: We may from time to time use external service providers to facilitate or outsource elements of our service or operation of the Websites, including processing credit card transactions, obtaining your credit score and credit report in conjunction with a loan information request, sending emails, and providing marketing assistance. These external service providers may have access to personal information needed to perform their functions, but may not use it for other purposes.
- Business Transfer: We may share your information with companies that are affiliated with us, that is, are our direct or indirect subsidiaries or parent or sister companies. As we continue to develop our business we might buy or sell companies, subsidiaries, or business units. In such transactions, customer information is generally one of the transferred assets but remains subject to the promises made in any pre-existing privacy statement. In the event that our company, or substantially all of its assets, is acquired, your information may be one of the transferred assets and we may share it with an actual or potential acquirer.
- Legal Requests and Customers' Requests: We may release information from or about you to cooperate with law enforcement officials and third parties to enforce all applicable laws including but not limited to laws relating to intellectual property rights, fraud, and other rights. We also may release information from or about you without a subpoena, court order or other substantially similar legal procedure to law enforcement entities or third parties when we believe release is necessary: to comply with the law; to protect our rights, property, or the integrity of the Websites, or the rights or property of our merchants/service providers, customers, users or third parties; or to prevent or investigate illegal activities, suspected fraud, situations involving potential threat to the physical safety of any person, or violation of NexTag's Term of Use or other agreement between you and NexTag. Further we can (and you authorize us to) disclose information from or about you to consumers who have alleged fraud or any other consumer dispute relating to their transactions and/or communications with you.
- Other Trusted Parties: We may provide your contact information and other personal data to trusted third parties to provide information on products and services that may be of interest to you.
4. Accessing and Changing your Personal Information
For registered users on some of the Websites, you can review personally identifiable information by logging in your username, email address and password and then clicking on the "My Account" link located at the top right of each page. After accessing the My Account page, click the appropriate link under the Account Management section to make changes as necessary. Notwithstanding any request from you, we may retain a record of your information that is necessary to comply with applicable federal, state or local law, rule or regulation.
For access and changes of any other data, please contact us at the address below. Upon receipt of your request, and possibly subject to identification measures, we will provide you with reasonable access and comply with appropriate data correction requests in accordance with applicable law. For access requests, we will respond within thirty (30) days upon receiving your request.
You should also note that if we have provided your information to third parties, you will have to make a separate request to them directly if you want to have your information removed from, or corrected in, their databases.
5. Third Party Advertising and Links to Third Party Websites
The Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection. To receive further information or to opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, visit http://www.networkadvertising.org/index.asp
6. Choice/Opt-out Policy
We understand you may not want to receive promotional email from us or from our partners and advertisers. You can choose to opt-out of receiving promotional email communications from us - and from our sharing your contact data with our partners and with advertisers for direct marketing purposes - by selecting to opt out if and when you register on our Websites, by following the unsubscribe instructions in the email communication or by contacting the partner or advertiser directly.
To opt out of receiving NexTag promotional mailings after you have register visit http://www.nextag.com/serv/main/emailcampaign/optout.jsp
or click the appropriate unsubscribe link contained within the email that you receive. Please note that opting out may prevent you from receiving email from NexTag regarding updates and improvements to the Websites or offers and promotions that may interest you.
In some cases we request that you submit personal information in order to forward this information to our partners that have products or services in which you may be interested. In the event we share this information with our partners (e.g., Lenders or car dealers), we no longer have control over the use of such information and your rights regarding such use will be governed by the policies of our partners. You will then have to contact them directly with any opt-out request.
We may collect information about your interaction with our advertisements. To opt-out of these advertising cookies, please visit http://www.nextag.com/serv/main/buyer/help/AdTargetingOptOut.jsp
. We may allow advertising partners to record that you have visited the Websites to allow us to provide you with relevant advertising on the partners' sites. To opt-out of these partner advertising cookies, please visit http://www.nextag.com/serv/main/buyer/help/AdTargetingOptOut.jsp
To change your preferences regarding your search and browsing history, please visit http://www.nextag.com/serv/main/buyer/searchPreferences.jsp
7. Your California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits residents of California who are registered users and use our service for private, family or household purposes to request certain standard information regarding our disclosure of personal information to third parties for their direct marketing purposes (including a list of categories of data disclosed in the previous calendar year and names and addresses of data recipients). To make such a request, please contact us as provided below.
8. Internet Crime Complaint Center
NexTag wants your Internet surfing experience to be safe. Help protect yourself. If you believe you have been a victim of Internet crime you can file a complaint with the Internet Crime Complaint Center (IC3), a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center. Their website is http://www.ic3.gov/
9. Contact Us
If you have any questions about this Website Privacy Statement, the practices of the Websites, or your use of the Websites, please contact us at:
1300 South El Camino Real, Suite 600
San Mateo, CA 94402
email@example.com (visit http://www.nextag.com/serv/main/emailcampaign/optout.jsp
to opt out of receiving NexTag mailings)
If you do not receive acknowledgment of your inquiry or your inquiry is not satisfactorily addressed, you should then contact TRUSTe through the TRUSTe Watchdog Dispute Resolution Process at http://www.truste.org/consumers/watchdog_complaint.php
. TRUSTe will serve as a liaison with Nextag to resolve users concerns.