CHEER CHANNEL, INC. WEBSITE PRIVACY POLICY
 
Cheer Channel, Inc., a Texas corporation (“CCI”), respects the privacy rights of its online visitors and users and is committed to providing a secure online environment and protecting the privacy and confidentiality of personal information entrusted to us. We have adopted this Online Privacy Policy to guide how we collect, store, and use the information you provide us online.
 
Please note that this Privacy Policy applies only to sites operated by CCI from its offices within the State of Texas, United States of America (“US”), and not to web sites operated by any international affiliates or other companies or organizations to which we link. When you link to any other sites from CCI’s US web site, this policy no longer applies and CCI does not control the activities of those sites.
 
Personal Information
 
This Privacy Policy is applicable to all users of the CCI Website, and all customers of CCI who provide personal identifiable information. The term personal identifiable information, as used herein, means information that identifies a particular individual, such as the individual's full name (first name and surname together), postal address, and email address. When certain other non-identifiable information is directly associated with personal identifiable information, this other non-identifiable information also becomes personal identifiable information for purposes of this Privacy Policy. Some jurisdictions may call personally identifiable information "personal data" or "personally identifying information," and may include opinions about or related to a user within the definition of personal identifiable information. Personal identifiable information referenced in this Privacy Policy may be referred to as "personal information." If you are under the age of 13, only your parent or guardian can provide any personal information to us for purposes of registration and other online activities. Kids, if you are ever unsure about anything you are seeing on this site, ask your parent or guardian for help.
 
Scope of Our Privacy Policy
 
This Privacy Policy addresses our policies and procedures relating to the personal information of individuals, such as our customers and web site users. This Privacy Policy is intended to assist you in understanding CCI’s policies and procedures relating to our management of personal information and is applicable to CCI, its successors and assigns. This Privacy Policy is applicable to personal identifiable information of all users of the CCI website. In addition, CCI has a Children's Privacy Policy applicable to children who use CheerChannel.com (and certain information provided by their parents and/or legal guardians) and incorporated into this document by reference below; if there is a conflict between the two documents, the Children's Privacy Policy supercedes this Privacy Policy with respect to those users.
 
EU Data Privacy Directive
 
CCI complies with the EU Data Privacy Directive to the extent it applies to the information CCI maintains. This gives you certain rights in relation to the information which we hold about you. When you provide us with your information, you acknowledge that the information will be stored and processed on servers located in the US.
 
Personal and Other Information Collected by CCI
 
CCI may collect personal information that is voluntarily provided by you when you order a product, enter a promotion such as a sweepstakes or skill contest, answer our polls or surveys, register as a member on our website, sign up for additional services on our website, or communicate with us by mail, telephone, or electronically. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, date of birth, purchase history, credit card number, chat room communications, complaints you may have about our products or services, a record of promotions offered to you, and your CCI product preferences. This type of information is collected, used, and disclosed in accordance with the form of consent required by applicable law and its use is limited to the objectives for which it was collected as described in this Privacy Policy. We may collect information through technology (such as logging IP addresses) for routine system administration purposes, to make our website more interesting and useful to you, or to manage content delivery. For instance, we use technology to track traffic patterns on the website. Once you have logged into a Website, we track your activities by using logs of database transactions and server interactions. This data may be used, for example, to maintain your user status on the CheerChannel.com website. We also use this information to understand which areas of our website are most appealing or least appealing or to deliver content that is specific to your country or area of residence. CCI may also collect information that is stored in cookies, and we may associate this information with your personal information. Cookies are small pieces of information stored on your hard drive, not on our website. We use cookies for a number of reasons. Cookies allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how users in general use our sites, which in turn helps us to focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our sites may not work properly if you do.
 
CCI collects personal information for the following reasons:
 
1. To provide you with the products or services you have requested, including processing your payment;
 
2. To better understand you, to allow us to serve you better through enhanced products, customer service and directed CCI promotional efforts of particular interest;
 
3. To properly investigate and respond to any complaints, questions, or concerns you may have about our products or services; and
 
4. To determine your eligibility for our products and services.
 
If you opt-in to receive offers, promotions, or other information from CCI, your information will be used to provide you with promotional offers for CCI products and services that we believe may interest you and to solicit your opinion on our products and services. If you have opted in to receive these offers, we may also use your personal information to ensure that your contact information is accurate and up to date.
 
Consent
 
We reserve the right to collect, use, and disclose your personal information without consent where required or permitted by law. Otherwise, personal information will be collected, used, and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g. by giving us your name and contact information so that we may send any items you have ordered) or inaction (e.g. by not exercising an ability to opt-out that is provided to you at the time your contact information is collected). This Privacy Policy identifies the purposes for which your personal information is collected, used, and disclosed. Additional consent will be obtained from you should we wish to use or disclose your personal information for any additional purpose.
 
Use of My Information
 
CCI collects the personal information you provide on our site. We will use the information you submit to our Web sites to send you advertising or promotional materials, including information about new products, contests, features, and enhancements, special offers, and other events of interest. We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the products and services we provide you and can better meet your needs. The demographic information (e.g., age and gender) you provide us is collected by CCI and may be disclosed in aggregate to third parties. This aggregate demographic information cannot be used to personally identify you or your computer. CCI may share your personal information (including that of children under 13) with other members of the CCI corporate group, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified under the heading “Personal and Other Information Collected by CCI”. In addition to this inter-corporate sharing, CCI may disclose your personal information to third parties as follows:
 
1. To Third Parties To Perform Processing and Other Specialized Services: At times, CCI may use outside organizations to perform specialized services such as, but not limited to, payment processing, prize fulfillment of our sweepstakes and skill contests, or collection of overdue accounts. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.
 
2. To Third Parties in the Event of Legal Reasons: We advise you that we may disclose personal information (including that of children under 13) to the government or other legal or regulatory authorities (i) if so ordered by a court of law or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company's rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our website; or (e) in emergencies, such as when we believe someone's physical safety is at risk. In some cases, disclosure may be required by law to be without notice to you.
 
3. To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving CCI or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to CCI’s customer lists and various databases as part of the due diligence process. In this event, CCI would only provide such access under terms of a strict confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to CCI’s successor-in-interest to be used for the purposes for which it was collected.
 
Retention of Personal Information
 
We keep your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your personal information is no longer required for a specific purpose or legal requirement, it will be erased from our records.
 
Security Measures To Safeguard Personal Information
 
CCI has implemented physical, electronic, and administrative measures to protect your information from error, loss, or unauthorized access. For example, we use industry-standard efforts, such as passwords and firewalls to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose. CCI will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will take appropriate steps to ensure the security and integrity of any information (including that of children under 13) you provide to us. Any information provided to CCI on the CCI website is housed in a secure datacenter, and sensitive information such as credit card numbers are secured using SSL encryption.
 
Location of Personal Information
 
Your personal information may be stored and processed on servers, including those of our authorized third parties, located in the US. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure, and you shall be able to access the personal information stored in such servers in accordance with this Privacy Policy.
 
Non-Personal Information
 
Non-personal or aggregated information is information that cannot be associated with or traced back to a specific person. When users browse our website, for example, we gather information about the number of users who are viewing each page so that we can learn what features are the most popular. We also use this data, both aggregated and personally identifiable, to personalize and enhance your onsite experience by displaying content and marketing messages we believe will be of interest to you and to deliver content that is specific to your country or area of residence. We may disclose anonymous, aggregated information about our website to third parties. In addition, to help us better understand our markets, we may gather demographic information for analytical purposes on an anonymous, aggregate basis. This information is not kept, used, or disclosed at the individual level, but may be disclosed to third parties on an anonymous, aggregate basis.
 
Online Policy Regarding Privacy of Children
 
NOTE TO PARENTS
 
CCI has developed its Web site to be an enjoyable experience for children (and adults) of all ages. CCI recognizes that some younger children may not understand some of the information contained on the website or how the site operates. That is the purpose of this Privacy Policy. Please discuss this statement with your children so that they will better understand how to use the site and the information they may be asked to provide. CCI strongly believes that providing its visitors and users with accurate and adequate notice about the website will lead to informed choices and decisions about how to use the site, as well as protect its visitors’ and users' privacy. If you have any questions or comments about our policy, please contact us using the Contact Information provided below. For all other issues, please contact
 
Customer Service
 
CHILDREN UNDER 13
 
Collection and Use of Children's Personal Information
 
CCI may collect and store personal information about children under 13 ("children" or "child") if it is submitted by the parent or guardian in connection with any of our website registrations. To determine who is younger than 13 years old and whether parental consent is required, we ask all users who wish to register to submit their date of birth. Those users that indicate they are less than 13 years of age are taken through a parental consent process. If provided by the parent or guardian, CCI may collect and store the following types of personal information about a child under 13: name, email address, parent's or guardian's name, and parent's or guardian's email address. CCI may also collect the child’s mailing address when necessary to fulfill a transaction, such as sending the winner of a contest or sweepstakes the awarded prize. CCI may also collect demographic information about a child such as the child's date of birth, gender, and other preferences; and, combine such information with the child's personal information. CCI will only collect this information if it is voluntarily submitted to us by the child’s parent or guardian. For information on how we use cookies and other information collection tools, please see our section on “Personal and Other Information Collected by CCI” (above). Once collected, a child's registration information may be used to: (a) fulfill a transaction, such as sending the winner of a contest or sweepstakes the awarded prize and, (b) allow us to send the child requested promotional materials, including information about new products, contests, features and enhancements, special offers, and other events of interest. We may also use the information for our internal marketing and demographic studies; so that we can constantly improve the products and services we provide our visitors and users and to better meet their needs. Please note that we are prohibited from conditioning a child's participation in an activity - like contests - on the child's disclosure of more personal information than is reasonably necessary to participate in the activity. This means that if we don't need a specific piece of information (like the child's phone number) to allow the child to participate in a contest, we simply won't ask for it. To read about the steps CCI takes to protect the confidentiality, security, and integrity of children's personal information, please see our section on “Security Measures To Safeguard Personal Information” (above).
 
CCI CONTACT INFORMATION Any personal information that a child provides to our Web site(s) for purposes of registration is collected by CCI. CCI’s contact information is as follows
 
Cheer Channel, Inc.
Attention: Website Administrator
1501 West 5th Street, Suite E Austin, TX 78703
(512) 391-9800
 
info@cheerchannel.com
 
DISCLOSURE OF CHILDREN'S PERSONAL INFORMATION
 
Please read the section titled “Collection and Use of Children's Personal Information” (above) for our policy on the disclosure of personal information collected from and about children under 13.
 
PARENTAL/GUARDIAN ACCESS
 
A parent or guardian who has already given CCI permission to collect and use his, her, or a child's personal information can, at any time, do the following: (1) review, correct, or have deleted the child's personal information; and/or, (2) discontinue further collection or use of the child's personal information. To do so, please refer to the confirmation email provided to you when you gave consent or contact us at info@cheerchannel.com and be sure to include your child's name and email address, your name and email address, and the name of the site at which your child is registered. To make changes to your child's demographic information, you may also visit the online profile section of one of our sites. We will be happy to honor your request.
 
Links to Third Party Sites
 
To provide relevant information not found on our Web sites and to facilitate online shopping visitors and users may, through hypertext or other computer "links," gain access to other websites on the Internet which are not operated by CCI. CCI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CCI of the website linked to. CCI will notify users when they are leaving the CCI site and we encourage our users to read third party sites' privacy policies before submitting personal information CCI ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE OPERATED BY CCI AND ITS AFFILIATES, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON A CCI-OPERATED WEBSITE. Unless otherwise indicated at a CCI operated website, CCI is not sponsored by or affiliated with the linked websites, and trademarks used in connection with linked websites are not trademarks of CCI. CCI specifically disclaims responsibility for any inadvertent viewing by anyone under the Age of Majority (as may be defined in the applicable website user agreement) of any material intended for adults on a website accessed through use of a linked website.
 
Controlling How Your Personal Information is Collected, Used, and Disclosed
 
You have control over how we collect, use, and disclose your personal information. Any comments, questions or changes regarding the collection, use, and disclosure of your personal information shall be directed to CCI Customer Service Department, as described below. You may choose not to receive email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to processing of your transactions with us are included in each such email. A request for a copy of the personal information we keep about you, depending on the laws of your country, must be made in writing giving details with which CCI can identify you. Information will be furnished in accordance with applicable law.
 
Questions, Comments or Accessing or Updating Your Personal Information:
 
If you have any questions or comments about CCI’s Privacy Policy, would like to advise us how you would like your personal information not to be used or disclosed, or would like to access or update your personal information please contact our webmaster at info@cheerchannel.com. You can also write to us at
 
Cheer Channel, Inc.,
 1501 West 5th Street, Suite E 
 Austin, TX 78703 .
 
Please note that certain information is required by CCI to process payment and fulfill any orders that you may place through our website, and if you withdraw your consent to the collection, use, or disclosure of your personal information for these purposes, then CCI will not be able to fulfill your orders. If, after contacting our customer service department, your concerns or questions have not been resolved to your satisfaction, you can contact CCI Legal Department in writing via mail or fax:
 
Cheer Channel, Inc.
Attention: Legal Department
1501 West 5th Street, Suite E Austin, TX 78703
FAX: (512) 532-7988
 
Acceptance of Privacy Policy
 
This Privacy Policy outlines the information usage practices of CCI. By accessing, browsing or using this website or by submitting your personal information to CCI, you signify your agreement to the terms and conditions of this policy. If you do not agree to this policy, please do not submit your personal information to us. We reserve the right, at our discretion, to change, modify, add or remove portions of this Policy at any time. If at some point in the future, there is a material change to our information usage practices that affects your personal information, you will be notified of such change by a conspicuous posting on the website and will be prompted to elect whether or not you agree to the change. Depending on the changes made, you may be unable to utilize a CCI service or the website if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions and if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised policy, which may be communicated by clicking to indicate your consent for the continued provision of your personal information to CCI following the effective date of any changes to this Privacy Policy shall mean that you have accepted those changes, subject to your continuing right to notify us at any time as to how you would like us to treat your personal information.
 
Last modified on September 10, 2009

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