PRIVACY POLICY

Lockerz, Inc. ("Lockerz","we", "us", "our") provides a website located at "http://www.lockerz.com/www.lockerz.com" and any other websites owned or operated by Lockerz (collectively, the "Website") for users of the Website ("Member(s)", "User(s)", "you"). This Privacy Policy explains our policies regarding information you provide and we collect and how we may use or disclose that information.  We value your privacy and provide this Privacy Policy to help you make informed decisions about your use of the Website. 

The Privacy Policy is part of and subject to the Website’s Terms of Use.  By becoming a Member or using any part of the Website or its resources, features, functionality or services (hereafter referred to as the “Service”), you agree that you, any personally identifiable information provided, and any other information provided or collected are subject to the Terms of Use and this Privacy Policy.  

INFORMATION WE RECEIVE, COLLECT AND USE 

Personally Identifiable Information

As a general matter, we do not collect personally identifiable information about you unless you provide us with such information via registration as a member ("Member") or participation in or use of the Service, Member services or otherwise, including without limitation when you choose to connect or sign on to the Website through a third-party service, upload photos, post comments, collect and disclose videos, or take part in any promotions.  We also may require you to provide additional personally identifiable information when utilizing Member services, registration, or features, such as name, email address, your phone number, billing, shipping and other credit card or payment processing information.

Name and Contact Information You Provide. During registration, you are required to give correct contact information such as your name, mailing address, email address and date of birth.  We request and use this information for various Member-related purposes, including determining your eligibility to use the Website, maintaining and monitoring an account associated with your membership, targeted advertising, and determining eligibility for and/or availability of features or services.  The name you enter as part of registration will be used in your publicly displayed and available profile.  However, none of the other personally identifiable information you provide during registration will be visible in your public profile or disclosed or used except as described in this Privacy Policy. 

Shipping and Billing Information You Provide. As part of features or services involving merchandise or goods, we also use and may share or disclose certain personally identifiable information to address fulfillment requirements including billing, payment, and shipping.  For example, to send you a good, we may use a third-party shipper and, in turn will provide that shipper with the necessary information to have them deliver the merchandise to you. Any credit card or other method of payment you use will be handled by a third-party payment processor that will determine the information it needs from you and will be responsible for obtaining and maintaining your information under its own terms and policies, including whether any of that information is shared with us and, if so, under what conditions.  Under no circumstances do we permanently store credit card information either on or outside the Website.

Your Submissions. As part of your use of PTZ to obtain any merchandise or goods or in the course of participating in any promotion, challenge or contest, you consent to and authorize Lockerz to share, disclose or otherwise use your profile name and any Submission, including without limitation, any image or photo you previously provided on the Website in communications on or outside of the Website to publicize the Website’s features or services and/or your securing such merchandise or goods.  For example, your profile name may appear in a publicly accessible Hallway or blog post describing members who participated in, used or commented on a promotion or a Service. 

Through the Website and Service, you may voluntarily upload photos, images, or other information that contain your likeness and/or that of others, post or share comments or reviews that may contain or disclose personally identifiable information, or disclose or collect video content that contains personally identifiable information.  In doing so, you acknowledge and agree that all such information you post, collect, or otherwise make available on or through the Website or Service becomes a Submission under the Terms of Use and that such published content (1) no longer constitutes personally identifiable information subject to the Privacy Policy and (2) becomes publicly available such that it can be collected, viewed, redistributed, and used by others, including without limitation, on the Website and, more broadly, through the Internet and other media channels.

Connecting through a Third Party.  We also may share, disclose, or otherwise use your personally identifiable information or likeness with your consent or authorization, including without limitation, such information collected through a third-party service which you have chosen to provide us by using that service to connect or sign on to the Website.

Other Uses.  Finally, we do collect and use your information, including personally identifiable information, to personalize your experience, support your use and access to information regarding the Website and the Service (including in connection with Website-related maintenance, performance, design, backup and analysis, service updates, and your membership), analyze usage, respond to inquiries from you, notify or update you about features and promotions, fulfill your orders, provide customer service, address or prevent potentially prohibited and/or illegal activities, and determine compliance with and enforce the Terms of Use, including this Privacy Policy. 

Non-Personally Identifiable Information

In addition to information you provide and we maintain, we may collect certain information by automatically recording your IP address, placing "cookies" on your computer (see below for more details), and/or creating log files or mechanisms.  None of these methods collect personally identifiable information about you. 

We use such non-personally identifiable information to help us recognize your browser, enable your use of certain Website functionality, diagnose problems with our server, administer and improve our Website, understand your preferences, tailor advertising or other information for you based on information derived from your IP address, “cookies” or log files, and generally enhance your overall experience on the Website and/or with the Service.

We gather for our use broad demographic information about our Members as well as specific information associated with your use of the Service or particular Website features (e.g. frequency of use and purchase and viewing history) and any other information you provide to us directly or via your use of the Website.  However, we also may collect and report to third parties aggregate, non-personally identifiable information about you and other Members or Users (e.g., if half of our Members are women between the ages of 18 and 25, we may provide that general information to a content or service provider), your collective opinions (e.g., Members from a particular region prefer one product over another), and your collective Website usage and behavior (e.g., Members who watched an original Lockerz video also redeemed their PTZ for Lockerz merchandise).

We may retain an archived copy of your information, including personally identifiable and non-personally identifiable information, Submissions, and other information you provided or we acquired as a result of your use of the Website or Services, as required by law or for legitimate business purposes.

Use of Cookies, Log Files and Web Beacons

Cookies.  When you visit the Website, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser.  We use cookies to store certain information like your PTZ totals and to track and target our Members’ use of the Website and to enhance their experience on the Website. 

We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Your browser may use persistent cookies on subsequent visits to the Website. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser.  

You can reset your web browser to refuse all cookies or to notify you when a cookie is being sent so that you can accept or refuse it.  However, please note that some features of the Website may not function properly or as intended if the ability to accept cookies is disabled.  Also, if you change your computer, change your Internet browser (e.g. from Internet Explorer to Firefox), or delete all your cookies, you will need to renew your preferences.

Log File Information.  When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Clear GIFs Information.  When you use the Website, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to anonymously track your online usage patterns (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to you to track which emails are opened by recipients.

Use of Other Information

You may invite others to become members.  If you do, we will ask you for your friend’s email address.  We automatically will send your friend an email inviting her or him to visit the Website and join. Lockerz will not resend this invitation unless you specifically request that we do so.  Lockerz stores the email information you have provided for the sole purpose of sending this email and assessing elements of the invitation program.  If your friend wishes to have this information removed from our database, your friend may go to Contact Us through the Website to request this action.

INFORMATION THIRD PARTIES RECEIVE, COLLECT AND USE

Advertising-Related Data Collection 

We may share aggregate, non-personally identifiable information with third parties, including, as noted below, advertisers, advertising networks or advertising servers.  However, we do not knowingly provide any personally identifiable information to any of these third parties without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out (see, e.g., the National Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”) described below).  

We also may allow advertisers, third party advertising networks and third-party advertising serving and other companies to serve or enable other sites to serve advertisements directly to you, and/or enable other services through the use of our Website, Service, and software. By serving these advertisements directly to you, these companies can set and trigger their own cookies, Web beacons and/or other technologies on your computer, which, in turn, may be used to tailor, report on, or analyze advertising seen on the Website and other websites.  We do not have access to or control over these third-party cookies, beacons, or technologies.  Nor are they covered by this Privacy Policy.  

If you would like to contact the advertisers, third party advertising networks and third-party advertising serving companies or other companies with which we have relationships to learn more about their privacy policies and what options (if any) they offer to opt out of their data collection, please visit their web site(s).  

Please note that some of these companies may be participants in the Network Advertising Initiative ("NAI"), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards and/or the Digital Advertising Alliance (“DAA”) which similarly has a program for online behavioral advertising that offers consumers a better understanding of and greater control over ads that are customized based on their online behavior (also called "interest-based" advertising). 

Click here to learn more about NAI and how you may opt-out of targeted advertising delivered by NAI member ad networks and here about DAA and opting out.  If you prefer not to receive interest based content and advertisements, or do not wish to enable other services which make use of our data, you can always opt-out by clicking here. After you opt-out, we will not enable or serve interest-based content and targeted advertisements or enable the other services. Please note that opting-out does not turn off other advertisements and does not cover the collection of Log File Information (though no ads are sent to you in connection with such services).

Information for Commercial or Marketing Purposes

While any personally identifiable information that you have chosen to disclose publically (whether through a Submission, use of your profile name, or otherwise) is available to others for their use and is entirely outside of our control, we will not share your personally identifiable information with third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have an ability to opt-in or opt-out using a commercially reasonable means.  For example, Lockerz may arrange with third-party vendors to make merchandise available for you to order; however, the transaction would occur on and through the third-party’s website, and the third party also would provide all fulfillment and other services related to your purchase.  In exchange for providing these goods and services, the third party may want Lockerz to provide your personally identifiable information in order to also send you commercial or marketing materials.  Under such a program, Lockerz would notify you that as a condition of making the transaction, you would be consenting to Lockerz providing your personally identifiable information to the third party and, before you make such a purchase, you would have an opportunity to decline the transaction and thereby opt-out of Lockerz sharing of your personally identifiable information with that third party for marketing purposes. 

Demographic Data 

While we do not provide advertisers with personally identifiable information, except as permitted under this Privacy Policy, please note that if an advertiser has asked us to show an advertisement to a certain audience (e.g., women ages 18-25) or audience segment (e.g., members 18-25 who have viewed certain content on the Website) and if you respond to that advertisement, the advertiser or ad server may conclude that you fit the audience or audience segment specified.  An advertiser also may use information (but not any personally identifiable information) regarding your use of the Website, such as the number of times you viewed an ad, to determine which additional ads to deliver to you. 

External Links 

Finally, this Website may contain links to other third-party websites.  This Privacy Policy does not apply to, and we do not necessarily endorse and are not responsible for the content or privacy practices of such “linked” websites, advertisers, ad networks or ad servers.  You should familiarize yourself with their respective privacy policies prior to using any such third-party websites.

CHILDREN’S PRIVACY
Pursuant to the terms of the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personally–identifiable information from children under the age of thirteen (13). The Website and the Service are not directed at children under the age of thirteen (13), and by using the Website or Service and/or registering as a Member, you represent that you are not under the age of thirteen (13). Parents or legal guardians may not agree to the Terms of Use, this Privacy Policy, or the disclosure of such child’s personally identifiable information on such child’s behalf.  If we learn that we unknowingly have collected personally identifiable information of persons less than thirteen (13) years of age, then we will take appropriate steps to delete this information. 

SECURITY AND CONFIDENTIALITY
The security of your personally identifiable information is important to us, and so we take commercially reasonable steps to maintain the security of that information. Without being exhaustive, some of those steps include: When you want to make a payment to us, we do not take the payment processing information but instead direct you to a third party payment processor that encrypts that information using secure socket layer technology (SSL); we use measures to monitor and review account activity and behavior in an effort to detect fraudulent activity or other anomalies; we also allow you to choose privacy settings for certain social networking or other portions of the Website.  

Remember, no method of transmission over the Internet or method of electronic storage is perfect or 100% secure.  Nor can we control the actions of other users or members with whom you share your information or to whom you make your information publicly available.   Therefore, we cannot and do not guarantee or warrant the security of any information you provide through your use of this Website, including without limitation, no guarantee that only authorized people will view your information and that the information may not be disclosed, accessed, altered, become publicly available, or even destroyed.  You agree that you provide information at your own risk and specifically release us from any liability related in any way to such information or breach of security.

Likewise, we are not responsible for any third party violations or efforts to circumvent any privacy settings or security measures on the Website.  Any user identification names or passwords you use (whether provided by you or us) shall be maintained by you as confidential and should not be shared with anyone not authorized to have access to your personally identifiable information. You are responsible for and should take steps to reduce the risk of disclosure of such identification names or passwords, including, without limitation, using different passwords than you use elsewhere, using strong passwords, and updating your antivirus software on a regular basis.

You specifically acknowledge and understand that any Submission or other information posted by you or provided to us to be posted (e.g., Decalz®, comments, Meet a Member answers, Hallway or other posts, etc.) on publicly accessible portions of the Website may be read, copied, or utilized by any person with access to such portions of the Website.

Creating and engaging with your own social network can be fun and rewarding, but remember to be mindful about information, images or other Submissions you post and with whom you choose to connect or share information.

You are responsible for any Submission you choose to make, including without limitation, any containing personally identifiable information, and all such Submissions will be publicly available, meaning it and its entire content can be seen, collected, or used by others for any purpose. You also understand and agree that Lockerz has no obligation to secure, retrieve or bear responsibility for any such Submissions or information you make or agree to make publicly available.  As an example, we suggest you avoid posting or sharing information, photos, videos or other content that you do not want to become public, would not share with a stranger (or that you wouldn't want a co-worker, parent or future employer to view) and/or that provide personal information about you or where you live or work.

We also urge you to keep in mind that there is no guarantee that a Member or user is who they say they are, and that you should be cautious about connecting with people (on or away from the Website) you "meet" via the Website, but don't otherwise know personally.

Finally, we reserve the right to take any action with respect to information posted on the Website, including, but not limited to, taking down information or other materials and terminating your Membership and rights of use.  However, we cannot, nor do we, review, edit and/or control the information provided by any Member, user, or other provider who makes information and content publicly available through the Website.

We also use the account information to determine eligibility for or make certain features or services available to members. Therefore, if there are errors in the account information or your personally identifiable information changes or needs to be updated, you are responsible for making the needed corrections or updates and should do so through the My Account section of the Website.

If you have any questions about information security or confidentiality on the Website, please let us know via the Contact Us link on the Website.  

LOCKER, DECALZ, PLAY, LOCKERZ PHOTOS, VODPOD, COMMUNITY FORUM, FWB;), AND 24/7

Submissions.  In general, Lockerz is not responsible for and has no obligation to remove any Submission you make, including without limitation, those containing personally identifiable information or images such as your name, likeness, or the names and/or likenesses of others contained in the images, from any publicly available locations upon your request, whether on the Website or elsewhere.  You, however, are responsible for the contents of all Submissions and all activities in the account associated with your membership and/or use of the Website and Service.  

Under the Terms of Use and this Privacy Policy, by making a Submission, you also understand and agree that you are (a) granting Lockerz and others the license as set forth in the Terms of Use for each and every Submission and (b) authorizing and consenting to the disclosure of each and every Submission (and all content therein) in publicly accessible portions of the Website.  

Without attempting to be exhaustive but in an effort to avoid any confusion or doubt, you acknowledge and agree as a condition of your use of the Website and Service, including without limitation, the Locker, Decalz, PLAY, Lockerz Photos, Vodpod, Community Forum, fwb;), and 24/7, that your profile name (your first and last name) or any portions thereof are to be treated as publicly accessible information and may be used by Lockerz to authorize your participation in or use of the Service and other activities, features, or functionality offered through the Website.  You also acknowledge and agree that all photos and images, including without limitation Decalz, as provided to or chosen by you and displayed through the Service, are Submissions and may be treated as such in accordance with the Terms of Use.  For example, Decalz you make, choose, or collect will be displayed on publicly available portions of the Website where it will be available now and in the future to all those who have access to the Website and possibly beyond.  In turn, other Members or users may create and collect Decalz from Decalz you select or collect.   

Sharing.  Lockerz also enables you to share each of the Decalz you select or collect via another social networking site such as your Facebook® or Twitter® account; however, at the time you select or collect the Decalz, you may choose to opt-out of sharing it via your Facebook or Twitter account.  Those Decalz can be included in one or more Collections of your creation and choosing.  You also may choose to share any Collection via your Facebook or Twitter account   Should you choose to share a Collection, all the Decalz that are part of the Collection will be shared, including those you previously chose not to share via your Facebook or Twitter account. 

 

If you do not wish to share such Decalz as part of sharing a Collection, you first must remove each of those Decalz previously unshared through another social network from that Collection.  However, be aware that not sharing Decalz through another social network does alter or limit the license you granted and therefore does not mean that any such Decalz may not appear elsewhere on the Website or as part of another user’s Collection on the Website or another social network with which that user has chosen to share her/his Collection.     

Content Violations.  You understand and agree that Lockerz has the right to modify, limit or discontinue any features, functionality or other aspects of the Website and any terms, conditions or policies related thereto, including without limitation, any that allow, display or otherwise use any Submission at any time for any or no reason.  Lockerz, in its sole discretion, reserves all rights to edit, block, take down or otherwise restrict or remove any post, material, communication of any kind or other Submission, or any portion thereof you have made or offered on or through the Locker, Decalz, Lockerz Photos, Vodpod, Community Forum, fwb;), and 24/7, and to do so for any or no reason.  Lockerz also reserves all rights to take down any content or communications submitted through your membership account that are or could be considered offensive, vulgar, threatening, harassing, sexually explicit, violent or unsafe, in violation of or encouraging the violation of laws, regulations, or any of Lockerz's Terms of Use, rules or policies, or otherwise inappropriate for display on the Website and to take such other action as Lockerz chooses for such violations of the Terms of Use, up to and including termination of your Membership.

MEMBER PREFERENCES OR SETTINGS AND OPTING OUT 
We will not sell, trade, rent or share your personally identifiable information with third parties other than as disclosed in this Privacy Policy and/or unless you consent to such disclosure (e.g., via direct agreement to such disclosure or your request to receive goods or services from a third party or otherwise participating in an activity on the Website).

If you have opted to receive marketing information from such third parties, you may contact those parties to opt–out of receiving such communications from them.

We reserve the right to disclose (on a confidential basis) and/or transfer your personally identifiable information to our affiliates, or to a third party in connection with the sale of all or substantially all of our stock or assets.

LEGALLY REQUIRED DISCLOSURES OR HARM PREVENTION 
We may be required by applicable law, subpoena, court order or other legal process (including without limitation, rendering assistance to government enforcement agencies) to disclose or retain for some period your personally identifiable information and/or non-personally identifiable information. It is our policy to comply with any such requirements (including a good-faith belief that such requirement exists), and you agree we shall have no liability for any such disclosure or retention.

We may also securely communicate your information to credit reporting and/or law enforcement agencies solely in connection with, and restricted to, their assistance in preventing or assessing fraudulent and/or unlawful transactions via the Website. We also may share, disclose, or otherwise use your information if we have a good faith belief that doing so is necessary (1) to prevent injury and/or to protect the rights, property, or personal safety of Lockerz, its Member(s), Users or others, (2) to protect the security or integrity of the Website, (3) to take precautions to preclude or limit liability or to enforce the Terms of Use or this Privacy Policy, or (4) to prevent illegal activity, including without limitation, fraud.

COMMUNICATIONS TO AND FROM US
Via the Contact Us link on the Website, you may choose to Submit a Request to the Lockerz Help Desk.  Fill out the required fields, and we will use this information to respond to your inquiry.

By becoming a member, you also have agreed to receive various communications from Lockerz.   We may use personally identifiable information or other information you have provided in order to transmit those communications to you.  Such communications include without limitation, a welcome email for new members, responses to your inquiries to us, messages via text, RSS, or other messaging technologies, our inquiries to you regarding your membership, account activity or your use of any feature or service on the Website, and notices of developments related to the Website (e.g., service or technical issues, current or new features or services, etc.).   We will offer commercially reasonable means to permit you to opt–out of receiving certain such communications.

CALIFORNIA SHINE THE LIGHT LAW
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2011 will receive information regarding 2010 sharing activities). To obtain this information from us, please use the Contact link on the Website and enter “Request for California Privacy Information” for the subject of your message, and we will send you a reply e–mail containing the requested information. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

CONSENT TO PROCESSING OF INFORMATION IN THE UNITED STATES
Notwithstanding your country of origin, or country, state and/or province of residence, by utilizing the Website and/or directly providing personal information to us, you hereby agree to and acknowledge your understanding of the terms of this Privacy Policy, and consent to have your personal data transferred to and processed in the United States and/or in other jurisdictions as determined by Lockerz.

MODIFICATIONS
We may update this Privacy Policy from time to time as we modify or expand our Website by posting the updated Privacy Policy on our Website. We suggest that you check back from time to time in order to understand how we treat your information.

CONTACT US
If you have any questions about this Privacy Policy or the privacy practices of this Website, you may also use privacy@lockerz.com, with a subject line labeled Privacy Policy, or write to us at Lockerz, 100 S. King Street, 6^th Floor, Seattle, WA  98104 Attn: Privacy Policy.

Updated December 2, 2011

 Lockerz, Inc.  All rights reserved.  Lockerz, PTZ, and Decalz are all registered trademarks of Lockerz, Inc.