Privacy

Spleak Media Network. Inc. ("Spleak Media Network") values the privacy of its users, customers, subscribers, members, and others (collectively or individually, "Users") who chat with the interactive machine robot named "Spleak", or use www.spleak.com, or any other web sites, embedded widgets or internet services owned or operated by Spleak Media Network (collectively, the "Spleak Platform").

This Privacy Notice is incorporated into and is subject to the Spleak Media Network Terms of Use. Your use of Spleak Media Network and any personal information you provide on Spleak Media Network remain subject to the terms of this Privacy Notice and our Terms of Use.

NEVER DISPLAY ANY PERSONAL INFORMATION ON THE SPLEAK PLATFORM THAT COULD BE USED TO FIND YOU IN THE REAL, OFF-LINE, WORLD - for example, your full real name, mailing or home address, or phone numbers.

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The Information Spleak Media Network Collects:

  • “Personally Identifiable Information”:You may provide to Spleak Media Network, through chats with Spleak or by registering for or otherwise using the Spleak Platform, what is generally called “personally identifiable” information (such as your name, username, email address, postal mailing address, home/mobile telephone number, credit card number and billing information, etc.).
  • “Chat Information”:If you chat with Spleak, then the information you provide during your chat sessions may be collected by Spleak Media Network and stored for the limited purposes disclosed in this Privacy Notice.
  • “Cookies” Information:When you visit the Spleak Platform, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Spleak Media Network uses both session cookies and persistent cookies. A session cookie disappears after you close your web browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Spleak Platform. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.
  • “Automatically Collected” Information:When you use the Spleak Platform, chat with Spleak, or open one of our HTML emails, Spleak Media Network may automatically record certain information from your computer system by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include a unique “device ID” (similar to IP addresses), an Internet Protocol address (“IP Address”), web browser type, the web pages or online services that you visit just before or just after the Spleak Platform, the pages you view on our site, and the dates and times that you visit Spleak Media Network.

The Way Spleak Media Network Uses Information:

  • Spleak Media Network uses Chat Information to personalize and customize your interactions with Spleak and the Spleak Platform, and the information and advertisements offered to you.
  • Spleak Media Network uses Automatically Collected Information to: (a) remember your information so that you will not have to re-enter it during your visit or chat, or the next time you visit the Spleak Platform or chat with Spleak; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate usage metrics such as total number of visitors and features used; and (e) track your entries, submissions, and status in any games, sweepstakes, and contests.
  • Spleak Media Network uses all of the information that it collects to operate, maintain, enhance, and provide to you all of the features and services found in Spleak and on the Spleak Platform. Spleak Media Network will use your email address, without further consent, for administrative purposes such as sending to you account activation and “welcome” emails, notifying you of major Spleak and Spleak Platform updates, for customer service purposes, to address copyright infringement or User safety issues, or to contact you regarding any Spleak Media Network activities in which you are presently participating.
  • In addition, Spleak Media Network uses all of the information that it collects to understand the usage trends and preferences of our Users, to improve the way Spleak and the Spleak Platform work and look, and to create new features and functionality.

When Spleak Media Network Discloses Information:

  • Spleak Media Network does not share your non-public personally identifiable information with other organizations for their marketing or promotional uses without your express consent.Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the Spleak Platform– such as when you publish profile information– becomes publicly available and may be collected and used by others without restriction.
  • Spleak Media Network may disclose Automatically Collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain programs, content, services, advertisements, promotions, or other functionality of Spleak or on the Spleak Platform.
  • Spleak Media Network may disclose User information to affiliated companies or other businesses or persons who provide web site hosting, maintenance and security services, fulfill orders, offer certain functionality, analyze data and provide reports, and that help improve and create new site features for Spleak and the Spleak Platform. We require that these parties process such information in compliance with this Privacy Notice.
  • Spleak Media Network may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. We may make such disclosures, in some cases, without providing notice to Users.
  • Spleak Media Network also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Spleak Media Network from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of Spleak Media Network; and to protect the rights, property, or personal safety of Spleak Media Network, our Users, or others.

Your Choices:

You may, of course, decline to share your personally identifiable information with Spleak Media Network, in which case you will not be able to interact with Spleak or use parts of the Spleak Platform. You may update, correct, or delete your User information and email subscription preferences at any time by sending an email to privacy@spleak.com. Please note that upon deletion of your account or profile information, that some of your personally identifiable information, including billing and contact information, may remain in Spleak Media Network’ systems for some limited period of time.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections. HOWEVER, YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

If you post personally identifiable or other personal information on the Spleak Platform, then the promises made by Spleak Media Network in this Privacy Notice may not apply to that information because Spleak Media Network won’t have control over who sees and who may collect the information that you make publicly available.

Advertisers:

Spleak Media Network allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Spleak Platform and during Spleak chat sessions. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within the Spleak Platform and they automatically receive your IP Address and other log file information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

Spleak Media Network does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Spleak Media Network to show an advertisement to a certain audience (for example, males age 15 to 18) or audience segment (for example, males age 15 to 18 who have participated in certain Spleak community activities or played certain games with Spleak) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Notice does not apply to, and we cannot control the activities of, such other advertisers or web sites. Spleak Media Network reserves the right the add or remove third-party ad networks or ad servers in its discretion and Spleak Media Network may not at all times list such updated ad network or ad server partners in this Privacy Notice.

Links to Other Sites and Services

The Spleak Site or chat sessions with Spleak may contain links to websites or online services operated by third parties. When you follow a link to a third-party website or online service, the information you provide to that third party will be subject to the privacy policy of that third party and not this Privacy Notice. Spleak Media Network is not responsible for the use or disclosure of any information that you provide to these third parties accessed from links on the Spleak Site or in Spleak chat sessions.

Our Commitment to Data Security:

Spleak Media Network uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your non-public personal information. Once we receive your transmission of that information, Spleak Media Network makes commercially reasonable efforts to ensure the security of our systems. HOWEVER, PLEASE NOTE THAT THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION THAT YOU TRANSMIT TO SPLEAK MEDIA NETWORK, AND YOU DO SO AT YOUR OWN RISK.

If Spleak Media Network learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Spleak Media Network may post a notice on the Spleak Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@spleak.com.

Our Commitment to Children’s Privacy:

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS SPLEAK MEDIA NETWORK AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, Spleak Media Network does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Spleak Media Network learns that personally-identifiable information of persons less than 13-years-of-age has been collected on through Spleak or on the Spleak Platform, then Spleak Media Network will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a Spleak User member, then please contact Spleak Media Network to have that child’s account terminated and information deleted.

Following are some resources that may help parents and legal guardians in monitoring and limiting your childrens' access to certain types of material on the Internet. While Spleak Media Network does not endorse these products, we provide information about them as a public service to our community.

International Visitors:

For Users visiting or using Spleak from the European Economic Area, the Asia-Pacific Region, or other non-U.S. territories, please note that any data you provide on the Spleak Platform or through your use of Spleak will be transferred outside the European Economic Area, the Asia-Pacific Region, or those other territories for use by Spleak Media Network and its affiliates for any of the purposes described in this Privacy Notice. In addition, because Spleak Media Network operates globally, we make your information available to our worldwide business units and affiliates. By providing information to Spleak Media Network you expressly consent and agree to the transfer, storage, and use of your information as described in this paragraph and Privacy Notice.

In the Event of Merger or Sale:

In the event that Spleak Media Network is acquired by or merged with a third-party entity or in the event of an insolvency, bankruptcy, or receivership, Spleak Media Network reserves the right, in any of these circumstances, to disclose, transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, change of control, or other business transaction.

Changes and Updates to this Privacy Notice:

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by the “last modified” notice below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information.

Your continued use of Spleak Media Network constitutes your agreement to this Privacy Notice and any future revisions.

Effective Date, Date Last Modified:

This Spleak Media Network Privacy Notice was last modified on March 24, 2008.

Spleak Media Network Contact Information:

Please contact Spleak Media Network with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices: by email at privacy@spleak.com or by postal mail at 90 New Montgomery, Suite 418, San Francisco, CA 94105. We will respond to your inquiry within 30 days of its receipt.