Privacy Policy

Effective Date: March 3, 2014

OurWitness Privacy Policy

This Privacy Policy describes how OurWitness (referred to in this Privacy Policy as “OurWitness,” “we,” “us,” or “our”) collects information when you visit our website www.ourwitness.com (the “Site”).   It also explains how we use and disclose the information we collect from you, and your rights in relation to that information.   By accessing, visiting or using the Site, you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy.   Please note that if you disagree with anything in this Privacy Policy, you must not use the Site.  This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our OurWitness Terms of Service located at http://ourwitness.com/terms-of-service/.

1.              Information Collected through the Site.

A.             Information You Directly and Voluntarily Provide to Us.  If you are a visitor to the Site, we may collect information that you provide to us when you communicate with any of our departments such as customer service or technical services.  You will also be required to provide your name and email address to us if you submit a question or message to us through the Site.  If you sign up to become a registered user of the Site, you may be required to provide certain information as part of the registration process.  This information will include your first and last name, email address and location.

B.              Information Automatically Collected Through the Site.  We may automatically collect information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information.  If you access the Site through a mobile device, we may also be able to identify the location of your mobile device.   You may choose not to share your location details with us by adjusting your mobile device’s location services settings.  For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

We may automatically collect information from you when you use the Site using “cookies”.  Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.

Information that may be collected by cookies when you use the Site may include, without limitation:

  • the pages you visit within the Site;
  • the date and time of your visit to the Site;
  • the amount of time you spend using the Site;
  • the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
  • your computer and connection information such as your browser type and version, operating system and platform.

You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to log in to the Site or to use certain features of the Site.

C.              Third Parties’ Use of Cookies and Web Beacons.  The Site may include third-party advertising, links to other websites, and other content from third-party businesses.  These third-parties may use cookies and web beacons to track the actions of users online over time and across different web sites or platforms to deliver targeted electronic advertisements to an individual user.  For information about how tracking works for online advertising purposes you can visit http://www.aboutads.info/choices.

OurWitness does not have access to or control over web beacons or cookies that third party websites may use.  We are not responsible for the privacy practices or the content of these third-party websites.  You are encouraged to review the privacy policies of the different websites you visit. In addition, some third-party advertising companies may provide a mechanism to opt-out of their technology.  For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp.

In addition, your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit.  However, OurWitness will not disable tracking technology that may be active on the Site in response to any “do not track” requests that we receive from your browser.

D.             Information You Share Through Social Media Services.  If you log in to the Site through a third party social media service, the comments, stories, reviews or other information that you post on the Site may also be shared through your account on the applicable social media service.  In addition, your use of these social media services may result in the collection or sharing of information about you by these social media services. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services.

E.              Information Provided to OurWitness by Social Media Services. In addition, by logging in to the Site through a third party social media service, such as Facebook or Twitter, you give us permission to access, store and use any information that you permit the applicable third party social media service to share with us in accordance with the privacy policy of that service and the privacy settings that are applicable to your account. We encourage you to review, and if necessary, adjust, your privacy settings on the applicable social media service before logging in to the Site through a social media service. Information that we receive from third party social media service is stored and used by OurWitness in accordance with this Privacy Policy.

F.              Information You Post on the Site.  If you post information on public areas of the Site that information may be collected and used by OurWitness, other users of the Site, and the public generally.  We strongly recommend that you do not post any information through the Site that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

G.             Payment Processors.   If you elect to make a donation to OurWitness, all donations made through the Site are processed by third party service providers. All information collected by these third party service providers for purposes of processing your payments is not available to us, unless you have otherwise provided this information to us in connection with your use of the Site. Information collected from you by the applicable third party service provider is governed by the applicable third party service provider’s privacy policy.

2.              How We Use the Information We Collect.  We use the information we gather through the Site to help us better understand how the Site and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Site and our products and services to improve your experience.  We may also use this information to contact and communicate with you and to respond to your communications and requests. If you are a registered user, we may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving these emails from us, please follow the instructions contained in each email you receive from us which will allow you to opt-out of receiving further marketing communications from us.

3.              How We Share Your Information with Third Parties. We do not sell or rent user information we collect through the Site to any third parties for their own marketing purposes. In the event OurWitness wants to sell or rent your information to third parties for their own marketing purposes in the future, we will notify you and you will have an opportunity to affirmatively opt-in to receiving these third party marketing communications. OurWitness does share your information with third parties in some circumstances as follows:

A.             Employees, Third-Party Processors and Third-Party Service Providers. We will disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Site, analyzing data, or performing marketing or consulting services.  These Service Providers will only have access to the information needed to perform these limited functions on our behalf.

B.              Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

C.              Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Site to third parties.  Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

D.             Aggregate Information.  We may share information relating to users of the Site with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally. 

E.              Our Affiliates.  We may share some or all of your information with our corporate affiliates, joint venturers, or other companies under common control with us.  We will require these entities to comply with the terms of this Privacy Policy with regard to their use of your information.

F.              DMCA Notices. We may share your information with third parties when we forward Digital Millennium Copyright Act (“DMCA”) notifications, as described in our DMCA Policy located at http://ourwitness.com/dmca-policy/. DMCA notifications will be forwarded as submitted and we will not remove any personal information that may be included in the applicable notification.

4.              Children Under Age 13. The Site is not intended for children under age 13, or for anyone under age 18 or the applicable age of majority without involvement of a parent or guardian.  We do not knowingly collect or distribute personal information from or about children under the age of 13.

5.              Security.  We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, OurWitness cannot guarantee or warrant the security of any information you transmit on or through the Site and you do so at your own risk.

6.              Amendments to this Privacy Policy. We will notify you of changes to this Privacy Policy by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes.  If you have provided us with your email address we will also notify you of material changes to this Privacy Policy by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to this Privacy Policy. If you do not agree to the changes, you should discontinue your use of the Site prior to the time the modified privacy policy takes effect.  If you continue using the Site after the modified privacy policy takes effect, you will be bound by the modified privacy policy.

7.              Use of Information Outside Your Country of Residence.  If you are located outside of the United States and you choose to use the Site or provide your information to us, your information may be transferred to, processed and maintained on servers or databases located in the United States.  Your agreement to this Privacy Policy followed by your submission of information through the Site represents your consent and agreement to these practices.  If you do not want your information transferred to or processed or maintained in the United States, you should not use the Site.

8.              Accessing, Changing and Managing Your Information.  If you are a registered user of the Site, you may make changes to the user information you have provided in connection with your account by logging in to your account and changing the applicable information. You may also request changes by contacting us at [email protected].  Following receipt of a request from you, we will take reasonable steps to update, correct or delete your information as requested.

9.              Special Notice to California Residents.

A.             “Shine the Light Law.” Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any users of the Site who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties, including our corporate affiliates, for their direct marketing purposes during the preceding calendar year.  If applicable, the notice will identify the categories of information that we shared, and the names and addresses of the third parties and affiliates with which we shared your information.  If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: 4470 W. Sunset Blvd., Suite 120, Los Angeles, CA 90027 or by email at [email protected]. In your request, please specify that you want a “California Privacy Rights Notice.”  Please allow at least thirty (30) days for a response.

B.              Notice to California Residents Under the Age of 18. In addition, if you are a California resident under the age of 18 and are a registered user, you may request us to remove content or information posted by you on the Site by (a) submitting a request in writing to 4470 W. Sunset Blvd., Suite 120, Los Angeles, CA 90027 or by email at [email protected] and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed.  Please also note that California law recognizes that the removal of such content or information does not ensure complete or comprehensive removal of the content or information posted by you on the Site (for example, if other users copied such content and posted it elsewhere). Moreover, please note that California law provides that we are not required to erase or otherwise eliminate content or information if (a) state or federal laws require us or a third party to maintain the content or information; (b) the content or information was posted, stored, reposted, or republished by another user; (c) the content or information is anonymized so that you cannot be individually identified; (d) you do not follow the instructions provided in this paragraph on how to request and obtain the removal of such content or information; and (e) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain such content or information as authorized by law or pursuant to a court order.

10.           How to Contact Us.  Please also feel free to contact us at [email protected] if you have any questions about this Privacy Policy.

 

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