Odyl, LLC (“Odyl”) provides certain online Services (as defined in the Odyl Terms of Service) through which Odyl may, on behalf of itself and on behalf of third parties that have contracted with Odyl (“Customers”) to provide or to have Odyl provide such Services, collect personally identifying information (“PII”) from the individual end users of the Services (“Users”). Odyl has created this privacy statement (“Privacy Policy”) to explain and summarize how Odyl and its Customers collect, use and protect, or in some cases do not protect the PII. This Privacy Policy does not apply to any information Odyl may collect offline. Odyl reserves the right to change this Privacy Policy at any time by posting a new privacy statement at this location. Users and Customers are responsible for periodically checking the Privacy Policy for changes. User and Customer use of the Website and the Services is governed at all times by the then-current Odyl Terms of Service and the then-current Privacy Policy. Customers are expressly responsible for making sure their Users are aware of the rights and obligations established by the Terms of Service and Privacy Policy.
1. INFORMATION WE COLLECT AND MAY USE
Odyl collects and uses PII Customers and Users provide to us or that we learn from use of this Website or the Service. Odyl may share such PII with third parties for their direct marketing purposes. We may share PII where it is necessary for us to complete a transaction or do something that a Customer or a User has asked us to do. Odyl may use and/or share PII with third parties for call centers and support services.
Odyl collects and uses PII in several ways:
• Customer and User Accounts. In order to access and use certain areas of the Website or certain Services, including without limitation, in order to create accounts, purchase the Services, and participate in various contests and games, Customers and Users may be required to create a user account and provide certain personal information such as email address, zip code, birth date, nickname, user ID, and password. In order to access and use areas of the Website or Services that require payment, Customers and Users may be required to provide additional information such as name, telephone number, address, gender, credit card information, and other personal information. This information is used, for example, to effect transactions, to create and share aggregate reports about these transactions, to contact Users regarding the contest or promotion, to perform credit fraud screening services for transactions between Customers, Users and Odyl and/or our Customers, business partners and authorized service providers and to assist advertisers in targeting their advertising. We may
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use the PII provided to notify Customers and Users periodically about important changes to the Website or Services (such as a change to this Privacy Policy or notice of a security breach), new Odyl and Customer products and services, and special offers and contests that may be of interest to the Customers and/or Users, or to send newsletters, promotional materials, and other communications and materials relating to Odyl, its affiliates, the Website, or the Services. We also may use PII so that we can respond to questions from the individual regarding any account they have created. Regardless of any other provision of this Privacy Policy, we may permanently store any PII provided by Customers and Users.
Where Users provide optional information, such as information about interests and hobbies, Odyl generally uses this information on an aggregate basis to enable us to better understand our users, develop new products, and improve our products and services. Odyl may aggregate and store information which Odyl obtains about a User through the Website and Services together with publically available and privately available information about that same User which Odyl obtains from Customers and third parties.
- Website and Services Usage. Odyl, or Odyl business partners, Customers or authorized service providers, may observe User and Customer activities, preferences, and transactional data (such as IP address and browser type) relating to User and Customer use of this Website and the Services. We may use this collected or logged information to diagnose website technical problems, to facilitate use of the Website, to track aggregate traffic patterns throughout the Website and the Services or to assist advertisers in targeting their advertising.
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- Cookies. A cookie is a piece of data stored on your computer tied to your information. We use both session ID cookies and persistent cookies. For the session ID cookie, once you close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. We use cookies to store information about your user account. By setting a cookie on the Website, you would not have to log in a password more than once, thereby saving time while on the Website. If you reject the cookie, you may still use the Website. The only drawback to this is that you may be limited in some areas of the Website. Persistent cookies enable us to track and target the interests of our Customers and Users to enhance the experience on the Website. Some of our Customers and business partners use cookies on the
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Website (for example, advertisers). However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising.
- Recruitment and Job Applications. Users may provide us with personal information, such as that contained on a resume or a curriculum vitae, in connection with a job application or inquiry. We may use this information throughout the Odyl affiliated companies (worldwide) for the purpose of employment consideration or the inquiry. We may keep the information on file for a reasonable period of time for future consideration.
- Public and Shared Areas. Any information and other Content (as defined in the Odyl Terms of Service) disclosed by a User or Customer in public areas of the Website will become public information. We cannot control the use of information and other Content disclosed in public forums, such as bulletin boards, news groups, communication facilities and chat rooms, nor can we control information and other Content disclosed through shared sites or pages. Users and Customers should exercise caution when disclosing information and other Content in public or shared areas and should refrain from disclosing PII in such areas.
When a User or Customer installs a social networking application on a User’s social networking page or uses a social networking application on some other User’s page, we may record information regarding the use of that social networking application, and we may collect other information that is visible on the User’s social network page in accordance with the Terms of Use. When a User invites new members into his or her network or sends messages through the Services, we collect and maintain the information associated with those messages, including email addresses and content.
ODYL WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS PROVIDED TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF A USER CHOOSES TO USE HIS OR HER REAL NAME, HIS OR HER NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE.
2. ADDITIONAL USES OF COLLECTED INFORMATION
• Certain Third Party Transactions. Odyl may work with its business partners and authorized service providers to provide technical and customer support, credit card processing, product fulfillment or other services. Where practical,
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Odyl will require these parties to safeguard PII provided to us. To the extent it is necessary for these parties to complete their contractual obligations to Odyl, these third parties may collect, have access to or process your PII. Odyl uses commercially reasonable efforts to limit their use of your PII to the purpose for which it was shared. Odyl may sometimes permit our Customers, business partners and authorized service providers to have access to aggregate statistics about our Users, Customers, sales, traffic patterns, and related site information. In some instances, our Customers, business partners or service providers may be the only party who stores certain of your personal information.
- Odyl Affiliates. Odyl operates globally and has business units and affiliates in many countries around the world. Odyl may work with its affiliates to provide the Services on this Website, including computer storage services, technical and customer support, credit card processing, product fulfillment or other services. These business units and affiliates may collect, have access to, use or process your PII in the same manner as Odyl.
- Mergers, Acquisitions and Bankruptcy. If Odyl should ever file for bankruptcy or merge with another company, or if Odyl should decide to buy, sell or reorganize some part or all of its business, Odyl may disclose your PII to prospective or actual purchasers or receive personal information from sellers. Odyl will use commercially reasonable efforts to seek appropriate protection for PII disclosed or received in these types of transactions.
- As Required by Law and Other Extraordinary Disclosures. Odyl may be required to disclose your PII if it: (a) believes it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority; (b) would potentially mitigate our liability in an actual or potential lawsuit; (c) is otherwise necessary to protect our rights or property; or (d) is necessary protect the interest of other users of our Website or Service.
3. CHILDREN
Odyl does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, you should not attempt to register for the Website, or Services, or send information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on the Website or through the Services. If a child under 13 submits information through any part of the Website or the Services without verification of parental consent, and we learn the person submitting the information is a child or such consent has not been verified, we will attempt to delete this
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information promptly. If you believe that Odyl may have any information about a child under 13, please contact us at the email address: “legal at OdylFarm dot com”, so that we may delete the information.
4. SECURITY
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us, our Customers, business partners or service providers, and you do so at your own risk. We use reasonable security measures to protect data transmissions. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such measures. Odyl is not responsible for circumvention of any privacy settings or security measures contained on the Website or the Services which is beyond our reasonable control.
You understand and acknowledge that, even after removal, copies of your information or Content posted by you may remain viewable in cashed or archived pages or if other persons who were permitted to access your information have copied or stored your information.
If Odyl learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Website or the Services, or providing PII to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Website and the Services. Odyl may post a notice on our Website if a security breach occurs. If this happens, you will need a web browser enabling you to view the Website. In these circumstances, Odyl may also send an email to you at any email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) please notify us at the email address “legal at OdylFarm dot com.”
5. INTERNATIONAL TRANSFERS
Because Odyl operates globally, circumstances could arise where it is reasonably required for us to make your PII available to Odyl’s worldwide business units and affiliates. Privacy laws differ across the globe. If it is reasonably required for for us to share your information within Odyl’s global operations, we will do so consistent with this Privacy Policy and you agree to such transfers.
This Website and the Services available through the Services initially will be hosted in the United States. If you are from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that
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you are transferring your personal data to the United States and by providing your personal data you consent to that transfer. When you provide personal data to Odyl or our Customers, business partners or service providers, you consent to the processing of your data in the United States as the Website and the Services available are operated in the United States, as described above.
6. LINKS TO THIRD-PARTY SITES AND CO-BRANDED WEBSITES
This Website may contain links to third-party sites, however, please be aware that Odyl is not responsible for and cannot control the privacy practices of these other sites. We encourage you to read the privacy policies for these other sites, as they may differ from ours. ODYL HAS NOT REVIEWED ALL OF THESE THIRD PARTY SITES AND DOES NOT CONTROL NOR IS RESPONSIBLE FOR ANY OF THESE SITES, THEIR CONTENT OR THEIR PRIVACY POLICIES. ODYL DOES NOT ENDORSE OR MAKE REPRESENTATIONS ABOUT THEM, OR ANY INFORMATION, PRODUCTS OR MATERIALS FOUND THERE, OR ANY RESULTS THAT MAY BE OBTAINED FROM USING THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED FROM THE WEBSITE OR THE SERVICS, YOU DO SO AT YOUR OWN RISK.
This Website may contain links to co-branded web sites that may display Odyl’s logo and trademarks but which are maintained by third parties. Please read the privacy policy on the co-branded site for the applicable privacy practices relating to personal information collected via that site, as it may differ from this Privacy Policy. This Privacy Policy applies solely to personal information collected by Odyl.
Advertisements that appear on the Website are sometimes delivered (or “served”) directly to users by third party advertisers. Such third parties automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Odyl does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on the Website unless you choose to share it with them.
This Privacy Policy covers the use of cookies and other tracking technologies by Odyl and does not cover the use of cookies or other tracking technologies by any of its advertisers.
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7. CONTACT PREFERENCES
When you provide Odyl with personal information, you agree that we may communicate with you by email or otherwise, including to send marketing communications from us or from third parties. For marketing communications, we generally try to communicate with you by the method and on topics of your choosing.
Generally, when we contact you we will try to provide you with way to notify us if you would not like further similar communications.
8. CONTACTING ODYL
If you have any questions, comments, or concerns about this Privacy Policy, or would like to make changes to your personal information or contact preferences, or delete personal information you have provided to us, please email us at “legal at OdylFarm dot com.” You may also make changes to your personal information or contact preferences though the Website or Services after you login using your username and password.
Postal Mail Address: [revise] Odyl, LLC
Martin Reidy
c/o Trinity Partners
230 Third Avenue
Waltham, MA 02451
Email: “mreidy at TrinityPartners dot com” Telephone: 781 487 7300
If you have a privacy concern regarding Odyl or this Privacy Policy and if you cannot satisfactorily resolve it through the use of this Website or the Software you should then write to: “legal at OdylFarm dot com.” In the event that we are still unable to resolve your concerns Odyl is committed to cooperating to achieve a proper resolution of your privacy concerns.
Copyright© 2008 Odyl. All Rights Reserved.
Effective Date March 24, 2011
Previous Modification: December 9, 2009 Previous Modification: March 4, 2008
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