NewsFactor Statement of Privacy, Terms of Service, Use, Conditions, Notices and Limitations
Last Updated: May 18, 2005
NewsFactor Network, Inc. and its affiliate publications (collectively referred to in this Privacy Statement as "we", "us", or "NewsFactor") recognize the importance of protecting the privacy of all information provided by users of our web sites, subscribers to our services, recipients of our e-mail newsletters and all other customers of our products and services. We created this policy with a fundamental respect for our customers’ right to privacy and to guide our relationships with our customers. This Privacy Statement discloses the privacy practices for all products and services owned by NewsFactor. A current list of our publications, web sites, white papers, newsletters, etc. can be found linked from http://www.newsfactor.com/ and http://www.CIO-Today.com.
Information Collection and Use
NewsFactor collects information from our website users, subscribers and other customers. In this section of our Privacy Statement, we describe the type of information we collect and how we use it to provide better services to our customers.
Registration and Ordering
When using some of our websites and signing up for certain selected services (such as free subscriptions), users must first register. During registration, users are required to give their contact information (such as name, e-mail address, mailing address and phone number). For internal purposes, we use this information to communicate with users and provide requested services, and, for our website visitors, to provide a more personalized experience on our sites. We also may collect demographic information (such as job title and purchasing responsibilities, company information and professional certification). We use aggregate demographic information about our audience to improve our service, for marketing purposes and/or industry reporting purposes.
Many of our products and services are free to subscribers who meet certain demographic criteria. Independent auditors may need to certify the eligibility of these subscribers. In order to do that, we may collect unique identifiers (such as eye color) that we disclose to the auditors strictly for industry reporting and audit verification purposes.
For our services that require payment (such as certain events, products and subscriptions), we also collect credit card information (such as account name, number and expiration date), which is used for our or our agent's billing purposes only, and is not otherwise shared.
If users wish to subscribe to our e-mail newsletters, we ask for contact information (such as name, e-mail address and, occasionally, demographic information). We use this information in the same manner as we use contact information in the registration and ordering process described above. Recipients of our newsletters can unsubscribe using the instructions listed at the end of the e-mail newsletter.
Surveys and Contests
From time to time we invite web site users and other customers to provide information via surveys or contests. Participation in these surveys or contests is completely voluntary and the website user or other customer therefore has a choice whether to disclose requested contact information (such as name and mailing address) and demographic information (such as zip code or job title). In addition to the other uses set forth in this policy, contact information collected in connection with surveys and contests is used to notify the winners and award prizes and to monitor or improve the use of, and satisfaction with the website or other NewsFactor product or service. Subject to the given customer’s preferences (as described in the "Permission" section below), such information also may be shared with third party sponsors of such surveys or contests.
At some of our sites, we may offer interactive and community features such as discussion boards, webcasts and user profiles. Note that all personal information sent or posted via such features becomes public information for which we are not responsible.
If customers elect to use our referral service for informing a friend about our sites and services, we may ask them for the friend's name, job title and e-mail address. NewsFactor will store and use this information to send the friend an invitation. This information may also be used to provide information about our company and related products and services. The friend may contact us as specified in the tell-a-friend message to request that no further communications be sent.
Communications with Us
We have features where our customers can submit information to us (such as our feedback forms). Where such submissions include requests for service, support or information, we may forward them to our agents, as needed, to best respond to the specific request. In addition, we may retain e-mails and other information sent to us for our internal administrative purposes, and to help us to serve customers better. Please note that letters to the editor and similar submissions may be made public.
Communications from Us: Service Updates, Special Offers
To best serve our customers, we may send updates that contain important information about our products and services. For example, we send new members a welcoming message, and verify password and username for our password-protected content. We may also communicate with a customer to provide requested services and for account-related issues via e-mail, phone or regular mail. In addition to such service and product-essential messages, we offer our customers the option to receive information about our company, related products, services and special deals. Users, however, can choose not to receive these communications from us, as set forth in the "Permission" section below.
Automatic Data Collection
Our web sites, newsletters and, from time to time, certain other products and services have features that automatically collect information from customers, to deliver content specific to customers’ interests and to honor their preferences. This information assists us in creating products and services that will serve the needs of our customers.
We also use an email delivery and marketing company to send emails (including newsletters) for which you have registered (or otherwise agreed to receive). Web beacons and cookies may be used in such email messages to help us measure the effectiveness of our advertising and how customers use our web sites and other products and services.
For our internal purposes, we gather date, time, browser type, navigation history and IP address of all visitors to our web sites. This information does not contain anything that can identify users personally. We use this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use.
We may combine demographic information supplied by a customer at registration with web site usage data to provide general profiles, in aggregate non-personally identifiable form, about our customers and their preferences in the content of the site and advertising. We may share this composite information with our advertisers and business affiliates to help them better understand our services.
With Whom Your Information is Shared
When we have co-branded, customized, private label, "powered by" or sponsored products and services, or when we join with other parties to provide specific services or content, (however, we do not share credit card information with such third parties) or when we indicate registration-required site content to registered or non-registered users, then, subject to the given customer’s preferences (as described in the “Permission” section below), we may share (provide and receive) personal information with such third party. In particular, please note that information, subject to the given customer’s preferences (as described in the "Permission" section below) will be shared with the sponsor of the particular content or promotion. These sponsors will use the information according to their own privacy policies, and we urge participants to read those policies and be aware of their privacy practices before registering.
Finally, on occasion, we may provide targeted lists of names and offline and online contact information for marketing purposes to third parties, subject to our Permission policies, as described below, pursuant to which we give customers the option of not having their name or contact information disclosed to third parties.
Other than as set forth above, we do not share personally identifiable information with other companies, apart from those acting as our agents in providing our product(s)/service(s), and which agree to use it only for that purpose and to keep the information secure and confidential. Also, our parent, subsidiary and affiliate companies if any, entities into which our company may be merged, or entities to which any of our assets, products, sites or operations may be transferred, will be able to use personal information.
We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
We may share aggregate information, which is not personally identifiable, with others. This information may include usage and demographic data, but it will not include personal information.
Correction/Updating Personal Information
If your personally identifiable information changes (such as zip code), or if you no longer desire our product(s)/service(s), we provide a way to correct or update your personal data: you may either contact us, or use web forms to change your preferences.
Our customers are given the opportunity to choose whether to receive information from our affiliates and us not directly related to the product or service for which they registered (or which they otherwise agreed to receive). Customers also have the opportunity to choose whether to have personal information shared with third parties for marketing purposes. Instructions for how to exercise these choices are contained in e-mails sent by us, on our product websites and in each of our publications. Registrants may use our online form to change their preferences. In addition, for those customers that are California residents, you may have additional rights, as described in the "California Privacy Rights" section below.
Please note that we will endeavor to implement your permission requests within a reasonable time, although for a time you may continue to receive mailings, etc., transmitted based on information released prior to the implementation of your request. In addition, please note that even after such request is implemented, you will continue to receive information directly related to the product or service for which you registered (or which you otherwise agreed to receive), so you always are kept informed.
When you indicate an interest in a particular topic at the time of registration, or as a result of automatically collected data, or you choose to take action to receive more information about a particular product, service, or information, we may forward your data to the specific vendor or class of vendors whose information you chose to view.
Please also note that our dispatch of email communications to appropriate recipients is contingent on correct sifting through user information, as stored in a computer database on a computer network and the implementation of correct programming to access that data. Although we endeavor to provide error-free operation of our computer servers, related databases, networks, and programming, we cannot guarantee that our operations will be free of errors. Registrants and site users hereby expressly wave any cause of action against us due to operational errors or omissions.
California Privacy Rights
Currently, California Civil Code Section 1798.83 permits those customers that are California residents to request that NewsFactor not share your personal information with third parties for their direct marketing use. To make such a request, please write us at:
NewsFactor Network, Inc.
21700 Oxnard Street, #2040
Woodland Hills, CA 91367
We use reasonable precautions to protect our customers' personal information and to store it securely. Sensitive information that is transmitted to us online (such as credit card number) is encrypted and is transmitted to us securely. In addition, access to all of our customers' information, not just the sensitive information mentioned above, is restricted. Only employees who need the information to perform a specific job (for example, a billing clerk or a customer service representative) are granted access to personally identifiable information, or ad operations and circulation managers. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
Our web sites contain links to other sites. NewsFactor is not responsible for the privacy practices or content of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each web site to which we may link that may collect personally identifiable information.
Notification and Changes
If we change our Privacy Statement, we will post those changes on this page so our users are aware of what information we collect, how we use it and under which circumstances, if any, we disclose it. Users should check this policy frequently to keep abreast of any changes.
NewsFactor Web Site Terms of Service, Use, Conditions, and Notices
Agreement between customer and NewsFactor Network, Inc.
This Web site and all affiliated Web sites owned and operated by NewsFactor Network, Inc. is offered to you, the site visitor, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
Personal and Noncommercial Use Limitation
This Web site is for your personal and noncommercial use, although we expect and encourage industry professionals from companies not competing with any of NewsFactor’s business(es) or sources of revenue to use our Web sites as a news and product information resource. The content and information on our Web sites, as well as the infrastructure used to provide such content and information, is proprietary to NewsFactor Network, Inc. or its suppliers, providers, site sponsors, partners or advertisers.
Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect), other than as a news and industry information resource, as a non-competitor of NewsFactor. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content, information, software, products, list of advertisers, or services obtained from this Web site. In addition, you agree not to:
(i) access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of NewsFactor Network, Inc.;
(ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;
(iii) take any action that imposes, or may impose, in the discretion of NewsFactor Network, Inc., an unreasonable or disproportionately large load on our site infrastructure; or
(iv) provide any untruthful or intentionally misleading information during registration. If you knowingly or intentionally provide untruthful information during the registration process, or provide false electronic identification of any sort in accessing our servers, you wave any affirmative defenses to a claim of fraud.
Copyright and trademark notices
All contents of this Web site are copyrights of NewsFactor Network, Inc. and its content suppliers. All rights reserved. NewsFactor, NewsFactor Network Inc., any other publication or newsletter name or associated logos are either registered trademarks or trademarks of NewsFactor Network, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
The information, software, products, and services published on this web site may include inaccuracies or typographical errors. In particular, NewsFactor network, inc. and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information displayed on this website (including, without limitation, photographs, news reports, feature articles, general product descriptions, product reviews, etc.). Changes are periodically added to the information herein. NewsFactor network, inc., its affiliates, and/or their respective content suppliers may make improvements and/or changes on this web site at any time.
NewsFactor Network, Inc., its affiliates, and/or their respective content suppliers make no representations about the suitability of the information, software, products, and services contained on this web site for any purpose, and the inclusion or offering for sale of any products or services on this web site does not constitute any endorsement or recommendation of such products or services by NewsFactor Network, Inc. or its affiliates. All such information, software, products, and services are provided "as is" without warranty of any kind. NewsFactor Network, Inc., its affiliates, and/or their respective content suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
In no event shall NewsFactor Network, inc., its affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even if NewsFactor Network, Inc., its affiliates, and/or their respective content suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to defend and indemnify NewsFactor Network, Inc., its affiliates, and/or their respective content suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by
(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of
(a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Web site.
No unlawful or prohibited use
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Links to third-party sites
This Web site may contain hyperlinks to Web sites operated by parties other than NewsFactor Network, Inc. Such hyperlinks are provided for your reference only. NewsFactor Network, Inc. does not control such Web sites and is not responsible for their contents or your use of them. NewsFactor Network, Inc.'s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
Software available on this web site
Any software that is made available to download from this Web site ("Software") is the copyrighted work of NewsFactor Network, Inc., its affiliates, and/or their content suppliers, sponsors, or advertisers. Your use of the Software or services of our sites is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, NewsFactor Network, Inc. hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and other programming contained on this Web site, is owned by NewsFactor Network, Inc., its affiliates, and/or their content suppliers, sponsors or advertisers, and is protected by copyright laws and international treaty provisions. Any reproduction, reverse engineering or redistribution of our Software or Web operation methods is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators expressly wave any affirmative defenses with respect to their intentional violation of these terms.
Modification of these terms and conditions
NewsFactor Network, Inc. reserves the right to change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those changes to the terms, conditions, and notices. You agree to monitor and visit this page frequently to be advised of any changes to these terms and conditions. No further notice of changes will be required of NewsFactor.
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NewsFactor Network, Inc. as a result of this agreement or use of this Web site.
NewsFactor Network, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NewsFactor Network, Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by NewsFactor Network, Inc. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the site visitor and NewsFactor Network, Inc. with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the site visitor and NewsFactor Network, Inc. with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.