| THE CONVIVIUM PRIVACY POLICY The Convivium is committed to protecting and preserving the privacy of our users and members. Consequently, we have developed this Privacy Policy to explain the types of personally identifiable information collected by The Convivium and the ways The Convivium may use such information. As a visitor of The Convivium's websites or as a registered member of The Convivium, you expressly agree to be bound by the following Privacy Policy. Unless defined in this Privacy Policy, capitalized terms shall have the meanings set forth in The Convivium's Terms and Terms of Use ("Terms of Use"). Please review this privacy policy periodically as we may modify it from time to time. This privacy policy was last revised on June 9, 2003. Each time you visit The Convivium.com, (the "Site") or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time. 1. INFORMATION COLLECTED BY THE CONVIVIUM When a user of The Convivium's services registers as a member of The Convivium, The Convivium receives the user's name, contact information, demographic information and other information regarding the user's Internet habits, hobbies and interests. This information enables us to provide services tailored to the needs of our users, to improve our programming and to evaluate the ways in which our users utilize our services. Like most e-commerce websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you. In an attempt to protect the privacy of Convivium members, the Convivium does not condone or accept the collection of individual email address by a member for the purpose of outside distribution or use. Nor does The Convivium permit individual members to collect individual email addresses for the purspose of bulk mailing, (also known as "SPAMMING"). Should a member found to be in violation of this policy, they may be immediately removed from the Convivium Community and liable for restitution in the amount of $1000 USD. 2. TRACKING USE OF THE CONVIVIUM'S SERVICES Like many Internet companies, The Convivium uses data files called "cookies" to determine how our users interact with our site and to see how frequently our users return to a particular location within our site. Cookies also allow us to identify the sites from which our users access The Convivium so we can place more on-line advertising at these sites. Cookies are stored on our users' computers, but they do not contain personally identifiable information. In addition to The Convivium's cookies, advertisers on The Convivium's websites may also utilize cookies in their ads. These cookies are used primarily to track the performance of on-line advertisements. The Convivium may not have access to this information. If you do not want to accept cookies from The Convivium or other sites, your browser software should allow you to reject cookies. To reject cookies, access the Internet Options (Microsoft Internet Explorer) or Preferences (Netscape) sections of your browser software. If your browser software does not allow you to reject cookies, a number of software products known as "cookie crunchers" are available for sale on the Internet or at your local computer store. Some cookie cruncher software may be downloaded free of charge from various websites. 3. OPT-OUT OPTION From time to time, The Convivium sends e-mail notices to its members spotlighting certain features and events. When you register, you may elect to not receive this information. 4. SECURITY OF USER INFORMATION The Convivium stores all personally identifiable information regarding its users in secure databases protected by a number of access controls. The Convivium will access this information only for the purposes described in this Privacy Policy and The Convivium's T&Cs. 5. OTHER USE OF INFORMATION We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with The Convivium) and to forward messages to you from other The Convivium users. To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose. By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Site, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Site, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us. In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Site. These pages are known as "Co-Branded Pages" and these companies are known as "Co-Branded Companies." If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them. We use your financial information to check your qualifications, to bill you for products and services and to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally, if the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your financial information with the associated Co-Branded Company. Any of these various third parties (including Co-Branded Companies) may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Your personal information or financial information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information or financial information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of The Convivium or other visitors to the Site. We also may disclose your personal information or financial information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. Whenever personal information or financial information is disclosed under this paragraph, we may also disclose your demographic information along with it, on a non-anonymous basis. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information, financial information, or non-anonymous demographic information from us will comply with the terms of this privacy policy with respect to their use and disclosure of such information. 6. PRIVACY POLICIES OF THE CONVIVIUM'S ADVERTISERS The individuals and entities who advertise through and on The Convivium's Service are not subject to this Privacy Policy. Consequently, if you access the site of one of our advertisers or provide your personally identifiable information to them, such access and information will be governed solely by the privacy policy, if any, of the individual advertiser. 7. FURTHER INFORMATION If you have any questions or comments regarding your privacy while utilizing The Convivium's Services, please contact us directly at The Convivium.com. For general information regarding Internet privacy you can contact Trustee, BBB Online or the Federal Trade Commission. Gregory P. Olson, Esq. Duckor Spradling & Metzger Telephone (619) 231-3666 Facsimile (619) 231-6629 E-mail olson@dsm-law.com Website www.dsm-law.com |
