Last Updated: September 26, 2016.
We are pleased that you have elected to visit the websites, mobile-optimized versions of the websites, and digital applications to which this Privacy Policy applies and which are operated by, or on behalf of, NewBay Media LLC and its Affiliates (collectively, “NewBay,” “us” and “we”). To see a list of the websites and applications to which this Policy is linked (collectively, the “Websites” or the “Sites”), you can click here:
http://www.newbaymedia.com/privacy-policy-site-list/
NewBay respects privacy rights, and is committed to safeguarding the Personal Information entrusted to us by our clients and visitors to our Sites.? NewBay has implemented this Privacy Policy to govern the use of Personal Information that we collect through the Websites, including Personal Information you send to us. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner.? This Privacy Policy is intended to provide you with information as to: (i) the type of information that is collected, (ii) how the collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can access such information and have it modified and/or removed.
This Privacy Policy may be changed from time to time, and we reserve the right to make changes without prior individual notice. Such changes are effective upon publication of the revised Privacy Policy. Please review this Privacy Policy often so that you will remain abreast of NewBay’s current policies, including its policies concerning the gathering and use of information that may be collected on our Sites. You are responsible for making sure you are aware of the provisions of NewBay’s most current Privacy Policy.? You can tell when the Privacy Policy was last modified by checking the “updated” date.
The Privacy Policy is incorporated by reference in and made a part of our Terms and Conditions of Use of the Sites, and explains how users’ information and data is collected and used.
California Privacy Rights.
Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed unless the company has a policy of not disclosing such information if the user has exercised an option to opt out of such information sharing..? NewBay gives you the right to opt out of having your Personal Information disclosed to third parties for the third parties’ direct marketing purposes. Because NewBay provides you with an opportunity to opt out of such disclosure, NewBay does not have to provide you with such lists. For the avoidance of all doubt, these opt-out options are available for all users and are not just limited to California users. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures under California law, you may send an email to
CaliforniaPrivacyInfo@nbmedia.com
.
Collection and Use of Information
Personal Information
Personal Information is information that uniquely identifies you, such as your name, address, email address and telephone number.? At times, NewBay may collect your Personal Information.? For example, we collect your Personal Information if you create an account or register for portions of the Sites that may require registration, purchase a product on the Sites, enter a sweepstakes or contest, complete a survey, subscribe to our magazines or newsletters, or send us an email, and provide us with your name, address, telephone number and/or email address.? If you are purchasing goods at our Websites, you may be asked to provide certain financial information, such as credit card information to our payment processers (which will be used solely for your purchase and not retained).? We may also collect your Personal Information if you post, display and/or publish User Content on the Sites.? Additionally, when you enter any password-protected area of a Site, then the Site will recognize who you are and will collect information that you submit.? Any information collected about you from that Site may be associated with other information that NewBay has collected about you.
REMEMBER to exercise discretion and caution when you post content on the Sites ? any Personal Information so posted will not be held confidentially, and it may be publicly viewable. With respect to all communications you make to or through the Sites, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and NewBay shall have no obligation to protect your communications from disclosure; (ii) NewBay shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation, in any way now known or hereafter devised; and (iii) NewBay shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without any compensation to you.
Financial Information.
NewBay may require billing and payment information such as credit and debit card information when you subscribe to a newsletter or magazine or purchase a product or otherwise engage in a payment transaction on the Sites. However, almost all payment transactions entered into on the Sites are processed directly by PayPal. In any instances where another third party payment processer is utilized, that payment processer will be identified when you engage in the particular transaction.? You will provide your payment information to PayPal, and PayPal’s Privacy Policy and Terms and Conditions of Use will govern use and disclosure of that information.? We encourage you to read carefully PayPal’s Privacy Policy and Terms and Conditions of Use. NewBay does not collect or store your financial information.
Our payment processers process your payment for any purchases or sales made on the Sites, to protect against or identify possible fraudulent transactions, and otherwise as may be reasonably needed to manage our business in connection with your transaction.
IP Address
An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Information but NewBay does reserve the right to use IP addresses to identify individuals who threaten the Sites or other users or visitors.? IP addresses may also be used to help diagnose problems with the Sites and to gather broad demographic information.
Location Information.
NewBay may, and may permit our advertisers to, collect your location via certain services we provide through digital applications, wireless access protocol services (“WAP Services”) or mobile phone service (“Mobile Services”). We, or the service provider, will inform you of such collection at the time you use the service.?Your use of any or all of these services constitutes consent by you to collect, use, and disclose information concerning your location.
Social Networks
If you use your login credentials from a social networking site (e.g., Facebook or Twitter) to log in on a? NewBay? Site, we may receive information from the social networking site in accordance with the terms and conditions of that site. You can request to share your information with these social networking sites, and NewBay will share information with them in accordance with your request. However, information once disclosed to a social networking site will be subject to the terms and conditions and any other policies of such social networking site.
Other Information
When you access the Websites, NewBay will automatically receive some information about your use of the service.? The type of information that is automatically collected by NewBay includes such things as the date and time of access of the Websites, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the specific activities you are engaged in while visiting the Sites.? This aggregate tracking information is used to help NewBay improve and enhance the website experience for all of its visitors.
Your Consent
We only collect, use and/or disclose your Personal Information with your consent. Your consent may be implied from the circumstances or may be expressly given for a particular purpose.? For example, when you submit your Personal Information to us and post to our Site you are consenting to the collection, handling, use and disclosure of your Personal Information for the purposes identified or apparent at the time of collection and as otherwise described in this Privacy Policy.
NewBay does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of any of the Sites is designed with the purpose of attracting such children.
Use of Your Personal Information
We use your Personal Information for the purposes for which it is submitted, such as to reply to your emails, an interactive chat session, and inquiries, to allow you to participate in promotions, such as contests, and to purchase products through the Sites.? Your Personal Information may also be used in the following ways:
- to deliver materials, information and services to you,
- to give you notice of and/or resolve any problems that may arise in connection with our services,
- to better understand the needs and interests of our customers,
- to analyze the success of our products and services and Sites,
- to manage the Sites’ interactive functionality,
- to help NewBay improve and enhance the Site experience for all of its visitors, and customize the content on our Sites,
- for compliance with NewBay’s legal and regulatory obligations,
- as otherwise reasonably required to provide customer? services and maintain the Sites,
- to investigate potential breaches of the Terms and Conditions of the Sites,
- to investigate potentially unlawful activity,
- for any other purpose outlined in this Privacy Policy and/or the Terms and Conditions of which this Privacy Policy is a part, and
- as permitted by law.
We may also use your Personal Information to contact you via direct postal mail and/or electronically to the extent such activity is permitted by law, and, with your consent, regarding your relationship with NewBay. This information may also be used to help NewBay and its commercial partners deliver targeted advertisements, promotions and other initiatives to you.
Opting in and opting out of electronic communications
.
You may opt out of receiving electronic communications, such as emails, from NewBay at any time by (i) sending an e-mail directly to NewBay at privacyinfo@nbmedia.com; (ii) writing to NewBay’s corporate offices at Attenton: Privacy Info, NewBay Media, LLC, 28 E. 28
th
Street, 12
th
Floor, New York, NY 10016; or (iii) clicking on the “opt-out” or “unsubscribe” link in any electronic communication you receive.
Do Not Track Signals
.
Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient website that you do not want to have your online activity tracked.? However, the way browsers communicate such “Do Not Track” signals is not yet uniform and accordingly, our Sites do not take any action in response to such signals.? In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.
Use of Your Personal Information Within NewBay.
In order to provide you with efficient and reliable services and to improve product and service options available to you, NewBay may share your Personal Information with our affiliated entities, in which case your personal information will be collected, used, disclosed, managed and stored in accordance with this policy as set forth herein. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us. The Sites are intended for users in the United States and its territories and possessions, but if you use a Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries, and by visiting the Site, you consent to these transfers as required or permitted by applicable law.
Use of Your Personal Information by
Our Service Providers.
From time to time, we may hire third parties to assist us with certain functions and services, such as data processing, computer software and website maintenance and development, transaction processing, promotional and marketing services, customer service, professional, legal or accounting services and/or business and sales analysis. NewBay may share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Websites), with such companies that we hire to perform services for us.? In such situations, NewBay requires that these companies agree to maintain the confidentiality of your Personal Information and to comply with the safeguards described in this Privacy Policy.? These companies have access to the Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that communications sent by those companies on NewBay’s behalf do not get sent to addresses appearing on our opt-out lists.
If NewBay changes ownership
.
We may also share your Personal Information as required to allow for a change in ownership of NewBay and/or any of NewBay’s affiliated entities and/or of any business(es) to which the Sites relate, and the related transfer of user information to the new owner.? In the event of any such change of ownership, your Personal Information will continue to be protected by the terms of this Privacy Policy unless and until you are notified of a change.
Lawful access, legal action and investigations
.
Your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations.? Your Personal Information may be transmitted through and stored on servers outside your home country, and may be accessed by authorities in those jurisdictions. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Terms and Conditions, or otherwise in accordance with applicable law.? For example, NewBay may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud.? Furthermore, NewBay may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of NewBay or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Terms and Conditions or Privacy Policy of the Websites.
Use of Cookies, Google Analytics, ChartBeat and Yahoo Analytics
The Sites make use of “cookies” – small data files which we may send to your computer on the basis of the information that we have collected about your visit.? They contain information allowing us to recognize when you are visiting the Sites and to keep track of your preferences.? Through the use of a cookie, we also may automatically collect information about your online activity on our Sites, such as the web pages you visit, the links you click, and the searches you conduct on our site.? Cookies are stored in your computer’s browser or on your hard disk and can then be retrieved by the website.? Our Sites use two kinds of cookies: so-called “session” cookies, which are deleted from your computer when you leave the Sites and are used purely to help you to navigate around the Sites; and “persistent” cookies, which remain on your computer so that the Sites can recognize you when you return. The Sites also use plug-ins.? A plug-in is a piece of software which the user downloads into the user’s web browser that allows certain web-based software to operate.? In order to interact on the Sites, you may be required to install certain plug-ins.
We may also use third-party advertising companies to target and show you advertisements when you visit the Sites. ?On occasion, NewBay permits third-party advertisers and ad networks to place their own cookies on our Sites to track visitors’ activities on the Sites.? This enables such companies to recognize visitors so that when those visitors visit a third-party website, advertising can be delivered that is tailored to their individual interests (whether for NewBay products or for the products or services of others), based on what has been learned from the visitors’ activity on NewBay’s Sites.? This practice is called “interest-based advertising,” and the practices of these third-parties are not covered by this Privacy Policy.
NewBay offers you choices about the collection of information on our Sites. NewBay adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. If you decide you do not want to receive personalized ads from third-party advertisers and ad networks please visit
www.AboutAds.info/choices
, where you can learn more about opting out from receiving interest-based advertising.
If you want to delete any cookies that were already sent to your computer or personal device, please refer to your web browser’s “Help” facility.? In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Websites’ interactive functionality.
The Websites use ChartBeat, Yahoo Analytics and Google Analytics, web analytics tools that help website owners understand how visitors engage with their website. We can view a variety of reports about how visitors interact with our Sites so we can improve it. ChartBeat, Yahoo Analytics and Google Analytics collect information anonymously, and use cookies, and IP addresses, and they report website trends without identifying individual visitors. For more information related to ChartBeat, click here:
http://www.chartbeat.com
.
For more information related to Google Analytics, click here:
http://www.google.com/analytics/learn/privacy.html
For more information about Yahoo Analytics, click here
https://policies.yahoo.com/us/en/yahoo/privacy/topics/analytics/
. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, click here:
https://tools.google.com/dlpage/gaoptout?hl=en
Disclosure of Information to Non-Affiliated Third Parties
From time to time, NewBay sells or markets Personal Information collected on the Websites to non-affiliated third parties for their marketing purposes. However, if you do not want your Personal Information sold or marketed to non-affiliated third parties, you can opt out by unchecking the box indicating your consent to such practices on our subscription forms or by following the unsubscribe link at the bottom of any of our emails.
Other aggregated and/or anonymous information may be disclosed without your consent. NewBay may disclose aggregated statistics about visitors to its Websites, along with anonymous information concerning individual visitors of its Websites.? We may combine anonymous information and/or aggregate information we collect with additional anonymous information collected from other sources. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, promotional sponsors, and investors) for various business purposes including conducting general business analysis, and developing website content and services.
Retention of Personal Information
Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and for record-keeping. At some point NewBay may elect to destroy, erase or anonymize your Personal Information. Once anonymized, NewBay undertakes not to re-identify the information.
Information posted on the Websites may continue to be displayed on this Website, or on any successor website for as long as the Websites or any successor sites are available, and may be archived by third party websites. You may request a copy of your Personal Information in order for it to be updated or removed from a particular webpage by writing to
PrivacyInfo@nbmedia.com
.? To the extent permitted by applicable law, we reserve the right to refuse requests for the removal of Personal Information from the Websites.
Your Privacy Choices – Limiting Information Sharing/Accessing Your Information
You may have the right to request a copy of the Personal Information that we hold about you, which includes the right to amend or correct that information, as appropriate, and to receive an account of how it has been used and a list of the organizations to whom it has been disclosed. In some circumstances, you may have the right to object to NewBay’s use of that Personal Information.? If you wish to update, amend, or change your Personal Information
PrivacyInfo@nbmedia.com
.
To protect the confidentiality of your information and respect your wishes for how it is used NewBay offers “opt out” alternatives.? Specifically, you may instruct us
not
to share Personal Information about you with our affiliated entities.? As noted above, you may also opt-out of receiving electronic communications from us at any time.? You may make your privacy choice at any time and it will remain in effect until you change it.
If you would like to check, change, or confirm your privacy choices please contact us at:
privacyinfo@nbmedia.com
.
Protection and Security of Information
NewBay maintains reasonable standards of confidentiality and security for the Websites and the Personal Information collected from the Websites. Physical, technical, electronic and managerial procedures have been employed to safeguard the security and integrity of Personal Information collected through the Websites.? The Personal Information you provide is secured using industry standard security technology.? NewBay also restricts its own employees’ access to Personal Information.? However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with the Websites, and you should remember to log off of the Websites once you have completed your activities on the Websites or if you have decided to step away from your computer.
In the event that NewBay determines that there has been a security breach that results in the unauthorized disclosure of Personal Information to a third party, NewBay will promptly notify consumers whose Personal Information it reasonably believes has been compromised by posting information on the Websites and, if email contact is possible, then also by sending an email notification with respect to the situation.
You acknowledge that the security of online transactions you conduct using the Websites cannot be guaranteed. To the fullest extent permitted at law, NewBay shall not accept responsibility for misuse or loss of, or unauthorized access to, your Personal Information.
Your Responsibility for Your Username and Password.
If you have an account with the Websites, you are solely responsible for the security of your username and password, and shall take precautions to keep your password private to prevent any unauthorized use. Neither NewBay nor any other person or entity will be responsible for any losses, damages or consequences suffered due to careless or unauthorized use of a password.? Please see the Terms and Conditions for the Websites for further details:
http://www.newbaymedia.com/terms-and-conditions/
.
Use of the Sites by Children
The Sites are not intended for use by children, particularly children under the age of 16.? Parents should carefully supervise their children’s activities on the Sites.? Children should not disclose information about themselves in public discussion areas on the Sites as such disclosures may invite unsolicited messages from other parties.
Links to Other Websites and Services
From time to time, the NewBay Site may contain links to other websites that are not controlled and/or maintained by NewBay.? Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices.? Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.? NewBay is not responsible for the contents or privacy practices of any linked site or any link on a linked site.
Our Site also includes social media features, such as Facebook Connect, Twitter, LinkedIn, and AddThis. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Sites. ?Your interactions with these features are governed by the privacy policy of the company providing the feature, which we encourage you to review.
NewBay also allows visitors to the Sites to post comments and feedback about Site Content through DISQUS, a comment hosting service. The collection and disclosure of information provided to or through DISQUS by you is governed by that platform’s terms of use and related policies, which you can read at https://help.disqus.com/customer/portal/topics/215159-terms-and-policies.
Governing Law
This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.? Please click here to review the terms relating to
Disputes and Governing Law
for the Websites: http://www.newbaymedia.com/terms-and-conditions/
Contact Us
If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information (other than with respect to California Privacy Rights) you may contact us at:
Attention: Privacy Info
NewBay Media, LLC
28 E. 28
th
Street, 12
th
floor
New York, NY 10016
If you have any questions concerning California Privacy Rights you may contact us at
CaliforniaPrivacyPolicy@nbmedia.com
or write to us at:
Attention: California Privacy Info
NewBay Media, LLC
28 E. 28
th
Street, 12
th
floor
New York, NY 10016