Effective Date: October 1, 2006

EZ-TRACKS® Privacy Policy, Your Privacy Rights

PLEASE NOTE: THE EZ-TRACKS® WEBSITE AND SERVICE ARE ONLY AVAILABLE TO INDIVIDUALS 13 YEARS OF AGE OR OLDER (INDIVIDUALS UNDER THE AGE OF 18, THOUGH, MUST OBTAIN THE PERMISSION OF A PARENT OR LEGAL GUARDIAN), WHO ARE LEGAL RESIDENTS OF THE UNITED STATES, CANADA OR THE UNITED KINGDOM (IF APPLICABLE).  IF YOU DO NOT QUALIFY UNDER THESE REQUIREMENTS, YOU ARE NOT AUTHORIZED TO USE OR SUBMIT ANY INFORMATION AT THE WEBSITE OR USE THE SERVICE.

Welcome to the EZ-Tracks® ("EZ-Tracks®," "we" or "us") website and service available through www. EZ-Tracks®.com (collectively, the "Website" or "Service"). This privacy policy ("Privacy Policy") covers EZ-Tracks® ' treatment of personally identifiable information that EZ-Tracks® collects when you are on the Website and/or when you sign up for and/or use the Service. It is important that our users are fully informed about the use of their personal information. EZ-Tracks® believes in 100% permission-based marketing. This Privacy Policy also applies to consumers that have agreed to receive e-mail marketing from EZ-Tracks® and EZ-Tracks® 's joint marketing advertisers ("Advertisers"), whether at the Website, via e-mail and/or on third party websites (via co-registration or otherwise).

Collection of Information by EZ-Tracks®

For each user, our web server automatically recognizes the user's domain name and IP address, but not the e-mail address (unless supplied independently by a user).

To qualify to receive access to the Website and/or Service, subject to the requirements set forth in our Terms and Conditions, we gather personal information from you in order to establish your EZ-Tracks® membership account, such as your first and last name, e-mail address, postal mailing address, mobile telephone number and other demographic information.  We may also collect credit/debit card information for payment and/or age verification purposes.  IT IS IMPORTANT THAT YOU SUPPLY TO US VALID AND ACCURATE PERSONAL INFORMATION; SUCH INFORMATION WILL BE USED TO SUPPLY THE SERVICE TO YOU AND TO COLLECT PAYMENT FOR SUCH SERVICE.  We may also collect information related to your online activities to more accurately target and measure our advertising inventory including, without limitation, the places you visit at the Website, content accessed and associated marketing metrics (such as e-mails opened and responded to) (collectively, your “Marketing Profile”). 

In addition, if you choose to participate in any offer available at or through the Website which is offered by us and/or a third party, any personal information submitted by you shall be subject to the privacy policy of the respective third party which is collecting such personal information.  In addition, you may find links to other websites from our Website.  Please be aware that EZ-Tracks® is not responsible for the privacy practices of other third parties and/or websites. We encourage our users to be aware of when they leave our Website or supply their personal information to a third party and to read the privacy policies of each and every third party and/or website that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Website.

Use of Information Obtained by EZ-Tracks®

You understand and agree that EZ-Tracks® may use and share your personal information with third parties as needed to supply the Service to you. For example, if you want to use a ringtone that you created on your mobile device, we will transfer your mobile telephone number and the location of the ringtone to a service provider, who will then transmit the ringtone to your mobile device for your personal use.

You understand and agree our advertising relationships allow us to make EZ-Tracks® available to you.  Accordingly, the information that you submit to EZ-Tracks® remains your property, but by participating in the EZ-Tracks® service, you grant us the right to use such information and your Marketing Profile for marketing purposes including, but not limited to, sharing such information with third parties.  EZ-Tracks® may use such information to directly market certain offers to you including, without limitation, via e-mail marketing, telemarketing, direct mail and mobile telephone text messaging (including, without limitation, SMS and/or MMS), to monitor compliance with our Terms and Conditions and for content improvement and feedback purposes.  We may sell the personal information that you supply to us and we may join together with other businesses to bring selected retail opportunities to our users. These businesses may include, but are not limited to providers of online, e-mail, telemarketing and direct mail marketing services and applications including, without limitation, lookup and reference, data enhancement, overlay, appending, suppression and validation.  Notwithstanding the foregoing, if you are a California state resident you may opt-out from having your personal information transferred to third parties for use is such third parties' direct marketing efforts by clicking here and completing an opt-out request or by sending a written e-mail request to CAoptout@traffixinc.com. However, where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from EZ-Tracks®, in accordance with the law. 

In addition to marketing purposes, EZ-Tracks® reserves the right to release user information: (a) in the event that we believe that the Website and/or Service is being or has been used in violation of the Terms and Conditions or to commit unlawful acts; (b) if the information is subpoenaed or requested by a court, governmental agency or law enforcement entity; or (c) if EZ-Tracks® is sold, transferred and/or acquired.  Moreover, you hereby consent to the disclosure of any record or communication to any third party when EZ-Tracks®, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.

In addition, you agree that by registering for an EZ-Tracks® membership, such act constitutes a purchase, inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "Rule").  Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, EZ-Tracks® retains the right to contact you via telemarketing in accordance with the Rule. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website, such action shall constitute an inquiry and/or application with the respective third-party advertiser for purposes of the Rule and you may be contacted via e-mail, direct mail and/or telemarketing by such third-party advertiser in accordance with the Rule. 

To the extent that user credit card-specific information and/or social security number is collected by EZ-Tracks®, said information will be transmitted securely, kept in confidence and will not be shared with any third parties (other than third party service providers – such as payment processors – who provide services to EZ-Tracks® and/or consumer credit agencies) without your prior informed consent. In addition, by submitting your credit card information to us, you authorize EZ-Tracks® to periodically verify that your credit card account continues to be a valid and active one by various methods including, without limitation, charging and, thereafter immediately crediting, a small sum to the credit card.  Apart from the foregoing uses, EZ-Tracks® and its affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific users but they will not share the specific credit card information with third parties without the user's prior authorization.

You may receive an e-mail confirming your membership with EZ-Tracks®, co-registration with Advertisers, as well as promotional marketing of commercial products and services. EZ-Tracks® reserves the right to collect and retain data relating to e-mail marketing sent to, and opened by, individuals on our marketing list(s). EZ-Tracks® users who no longer wish to receive promotional e-mail materials from us or our Advertisers may opt-out of receiving these communications by following the instructions contained in the applicable e-mail, in accordance with the CAN-SPAM Act of 2003. You should be aware that if you unsubscribe from receiving future EZ-Tracks® promotional e-mail, your e-mail address will remain on the e-mail marketing lists of our Advertisers with whom you have agreed to receive such e-mail marketing. As such, you will continue to receive e-mail marketing from such Advertisers until such time as you unsubscribe from the particular Advertiser's e-mail marketing list. You must unsubscribe from each Advertiser’s list separately. To unsubscribe from any Advertiser's website or e-mail list, please visit their website or review their e-mail for complete unsubscribe details. Similarly, if you click on or access an Advertiser's offer appearing at the Website after unsubscribing from EZ-Tracks® e-mails, you may begin receiving offers by, or on behalf of, those particular Advertisers until you unsubscribe from their list.

General information collection and use

AGGREGATE: We gather our users' server, IP address and browser-type related information in the general administration of our Website and Service. EZ-Tracks® reserves the right to transfer and/or sell aggregate or group data about EZ-Tracks® users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of EZ-Tracks® users as a group without disclosing personally identifiable information. By submitting your personal information to, and/or using, the Website and/or Service, you agree to allow EZ-Tracks® to transfer and/or sell such aggregate data to third parties.

USE OF COOKIES: A cookie is a text file stored on a user's hard drive containing information about the respective user. Cookies can provide great convenience for users at many websites and is required at the EZ-Tracks® Website and Service. For instance, by associating a cookie with your computer which is identified and processed by our servers, you need not log in more than once at the Website, thereby saving time and convenience while using our servers.  In particular, we may use persistent and/or session cookies at the Website.  Persistent cookies do not automatically expire, but persist to permit EZ-Tracks® to register future visits at the Website with your profile in our servers.  In addition, cookies associated with EZ-Tracks® may be read, aggregated and used with cookies associated with another Traffix and/or Traffix affiliate Internet property. 

In addition, we and/or third parties that advertise at the Website and through other types of media available at or through the Website may use cookies and pixel gifs to track and target the interests of our users to enhance the experience on our Website and/or for advertising tracking purposes.

THIRD PARTY COOKIES:  EZ-Tracks® delivers to your web browser many of the advertisements you see when you use the Website. However, EZ-Tracks® also allow other companies, called third-party ad servers or ad networks, to serve advertisements within and/or on the Website. Because your web browser must request these advertising banners from the ad networks’ servers, these companies can send their own cookies to your cookie file, just as if you had requested a web page from the Website. Please note that if an Advertiser asks EZ-Tracks® to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 13-24 who have viewed sports content) and you respond to that ad, the Advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.  However, EZ-Tracks® only authorizes our third-party ad servers to employ anonymous cookies for ad delivery and anonymous targeting.  To EZ-Tracks®’ knowledge, the third-party ad servers do not collect personally identifying information about you.  In addition, EZ-Tracks® uses third-party service provider partners to employ anonymous cookies for accounting and data integrity purposes.

If you want to prevent a third-party ad server and/or third-party service provider from sending and reading cookies on your computer, currently you must visit each ad network's and service provider’s website individually and opt out (if they offer this capability).

Currently, we have relationships with the following third party service providers and/or may display the following third party ad server networks (click to visit their website).  In addition, we may at some point engage other third-party ad servers and/or third-party service providers in the future.

24/7 Real Media, Inc.

http://www.247realmedia.com/privacy.html

Fastclick, Inc.

http://www.fastclick.com/co_privacy.html

Burst.com, Inc.

http://www.burst.com

AQuantive, Inc.

http://www.atdmt.com/privacy/

DoubleClick, Inc.

http://www.doubleclick.com/us/about_doubleclick/privacy/

Security

EZ-Tracks® takes commercially reasonable precautions to protect our users' personal information. When a user submits sensitive personal and payment information via the Website, the information is protected both online and off-line. When our registration, download or purchase process prompts a user to enter sensitive information (such as a credit card or social security number), the information is encrypted and is protected with industry-standard encryption - SSL technology.  While we use SSL encryption to protect sensitive information online, we also use commercially reasonable measures to protect user information off-line. Access to user information is restricted in our offices and areas where such information is stored. Only employees and authorized individuals who need access to the information to perform a specific job are granted access to personally identifiable information. If you have any questions about the security at our Website, please contact us. security@traffixinc.com.

Minors

EZ-Tracks® is committed to strict compliance with the Children's Online Privacy Protection Act. The Website is for use by individuals 13 years of age or older. Individuals under 13 years of age are not permitted to use the Website and/or Service or even submit their personal information at our Website. EZ-Tracks® does not knowingly solicit or collect information from individuals under 13 years of age.  EZ-Tracks® encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Your Acceptance of this Privacy Policy

By using this Website and/or Service, you agree to the EZ-Tracks® Privacy Policy. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the Website. Please check this page periodically for changes. Your continued use of the EZ-Tracks® Website and/or Service following the posting of changes to these terms will mean that you accept such changes. If you do not agree to the terms of this Privacy Policy, you may not use and/or access the Website and/or Service. 

For questions SOLELY relating to this Privacy Policy or EZ-Tracks®' privacy practices, please contact us at: privacy@traffixinc.com.  To unsubscribe from receiving future e-mails from the EZ-Tracks® mailing list, please send an e-mail with the message “UNSUBSCRIBE” in the body to unsubscribe@EZ-Tracks.com.