SCOPE DESIGN PRIVACY POLICY

This Web site (the “Site”) is operated by Scope Design LLC (“Scope”). This privacy policy (“Privacy Policy”) applies to information that you provide to Scope via this Site, and/or by use of other services (collectively, the “Services”) that may be provided by other means or media, including as set forth below and as defined in the applicable Terms of Service (the “TOS”) or other terms.

This Privacy Policy is intended to provide you notice of Scope’s information management practices, including the types of information gathered, how it is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of any Scope Site or Services constitutes acceptance of this Privacy Policy and any other applicable terms, including the TOS, which incorporates this Privacy Policy by reference.

I.    Cookies and Related Technology

The Site and some Services, and advertisements contained therein may contain “cookies,” clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies, that helps a server identify and provide information about a browser when it’s used to visit a Web site. We may also use cookies to better understand how our visitors use the Site and the Services and to continue to improve our services. Web beacons assist in the delivery of cookies and the collection of non-personally identifiable information, such as “click path” and other data as described above.

Scope may use cookies, clear gifs, frames, server log analysis and other technologies, as they are developed to customize your experience with the Site and Services.

Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site and the Services may not function properly.

Scope does not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. Any ads appearing on the Site and in the Services may be delivered to you by third-party advertising companies. Scope’s Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this Site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please review the privacy policies and terms of service for these third-party companies. For more information on how to modify your browser settings to block or filter cookies, see http://www.cookiecentral.com/faq.

II.    No Spam, Spyware or Spoofing

We do not tolerate spam. You are not licensed or otherwise permitted to add other users on the Site and the Services to your mailing list (email or physical mail, or any other medium) without their explicit consent. To report spam or spoof emails to Scope, please forward the email to [[email protected]]. You may not use our communication tools to send spam or otherwise send content that would violate the TOS.

III.    Non-Personally Identifiable Information That We Collect

Scope may automatically collect certain non-personally identifiable information about your use of the Site and the Services. Scope might collect, among other things, information concerning the date, time and length of your visit and the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your “click path” through the Scope sites or “click-through” from an e-mail, the Web site or advertisement that was linked to or from the Scope site when you visited, and your IP address. To do this Scope may use cookies and other technology (see above). If you are using our wireless Services, we may also automatically collect information such as the type of wireless device you are using, your mobile identification number (assigned by your telecommunications carrier) and telecommunications carrier. Your use of the Site and the Services, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past.

IV.    Personally Identifiable Information That We Collect

Scope respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of the Site and the Services.

a.    E-mail Newsletter Subscriptions

To subscribe to our e-mail newsletters, you will need to provide your e-mail address. You may also be asked for other information when you complete the registration process on the Site.

b.    User Accounts

In order to use certain features on the Site, including without limitation, chat rooms, message boards, and certain other Services and features of the Site, you may need to register and create a user account (“User Account”). There is no charge to create a User Account. During the registration process, you will be required to choose a user name, screen name, or member name (each, a “User Name”) and password. Please do not use your real name or the real name of another person when selecting a User Name.

You will also be asked to provide certain personally identifiable information and other information about yourself, such as your first and last name, date of birth, address, telephone number, and e-mail address. Once you give us your personal information, you are no longer anonymous to us. By providing us with personal information, you consent to our collection and storage of your information. We may collect and store the following personal information:

•    financial, billing and transactional information, such as credit card or bank account numbers, used in connection with any transactions or other activities on the Site or the Services;
•    user feedback, chats, correspondence through our Site and the Services, and correspondence sent to us;
•    other supplemental information from third parties (for example, if you incur a debt to Scope, we may conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law; or if the information you provide cannot be verified, we may ask you to send us additional information confirming your address, or to answer additional questions online to help verify your information).

Your User Name will be publicly available on the Internet while you participate in some Services, like chat rooms or message boards, so you should exercise discretion when using these Services. This Privacy Policy does not apply to any information you may disclose publicly in such Services. In some instances, you may choose to create a “Public Profile” that will be available to others on the Internet. Public Profiles are managed entirely by you, and you are solely responsible for your Public Profile’s content and its “public” or “private” status. You are also responsible for maintaining and updating the registration information in your User Account with current and complete information. You may access, edit or remove your Public Profile by signing in to your User Account and following the directions there. You can also send an e-mail to [[email protected]] to request deactivation of your User Account.

c.    Special Promotions and Purchases

To participate in some Services such as sweepstakes, contests and surveys (“Special Promotions”), or to make online purchases (“Purchases”), you will need to provide personally identifiable information, such as your name, mailing address, e-mail address, phone number, and date of birth. Your information may be collected by Scope or by a third party, such as a co-sponsor or a vendor or affiliate involved in, or providing services in connection with, a Special Promotion, or an e-commerce partner in the case of a Purchase.

If you make a Purchase or partake in another Special Promotion on our Site or through our Services, Scope will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, order fulfillment and/or prize delivery, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information (see below), these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies).

If you make a purchase or enter a promotion (such as a sweepstakes) in which Scope is participating on a third party’s Web site (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (e.g., to send your order or deliver a prize).

d.    Information Collected by Other Means or Media

In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you access any Scope content, or purchase such content via your wireless carrier or through another third party, Scope may collect information directly from you or through the third party. Likewise, if you use our software, or provide information to other companies who share information about their customers, we may collect additional information about you. In each of these cases, Scope will apply this policy to any personally identifiable information.

e.    Information About Other People

Some Scope sites and Services may ask you to submit personally identifiable information about other people. For example, you might submit a person’s name and other personally identifiable information if you purchase a gift and want to have it sent directly to the recipient. A record of that transaction will be maintained as allowed and/or required by law.

f.    Customer Service

Some Services may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.

V.    Special Notice Regarding Children Under 13

Scope recognizes the sensitivity of personally identifiable information concerning children under the age of 13 and therefore provides this Special notice. Scope is committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501, et seq. Except in limited circumstances allowed by COPPA, Scope will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13 without first obtaining consent from that child’s parent or legal guardian.

If you are the parent or guardian of a child under 13, and your child would like to participate in certain Services for which COPPA requires your consent (and Scope has chosen to make such Services available to children in this age group), your child will be prompted to print out a form for you to complete and mail in to Scope. The form will list the information required from both parent/guardian and child, as well as the intended uses of the information. Scope will only collect information that is reasonably necessary for your child to participate, and Scope will not share your child’s personally identifiable information with any third party (except for purposes of fulfillment by a third party that has agreed to protect the information in accordance with this Privacy Policy), unless you specifically consent, or as permitted by COPPA or other applicable law. You may also subsequently revoke your consent and request that your child’s information be removed from Scope’s active list. Please refer to the form for instructions and further information.

If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, Scope will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child’s information, please send an e-mail to [[email protected]] and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted.

Scope encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the Sites, the Services and the Internet generally.

VI.    Use, Disclosure, and Sharing of Information

a.    Non-Personally Identifiable Information

From time to time, Scope may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the Site and the Services.

b.    Personally Identifiable Information

Scope uses information about you to deliver the Services that you request, to keep you informed about changes affecting the Site and the Services or your account, to inform you of offers in which you might be interested, to improve and enhance the Site and the Services, to prevent potentially prohibited or illegal activities, and to enforce our TOS. If you provide Scope with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to “unsubscribe.” However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, service and/or product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.

As stated in the TOS, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site or the Services, of any information about you contained in the applicable Scope database, if Scope or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of Scope’s or such Scope company’s assets related to the Site or the Services to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site or the Services signifies your agreement to be bound by the TOS and Privacy Policy of the Site or the Service’s subsequent owner or operator.

Scope and its affiliates may work together in order to provide portions of the Sites and some Services (e.g., to fulfill prizes won in a sweepstakes, or to provide other support for a Service). Scope and its affiliates will handle your personally identifiable information in accordance with this Privacy Policy.

As stated above, Scope may also work with third parties in connection with the Site and the Services and you are deemed to consent to us sharing your information with such third parties who provide services to Scope, such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in, Services on Scope sites are prohibited from using our customers’ personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of Scope Services) by a third party who participates in a Service on one of our sites, do not opt in to such use by that third party when you register to participate in the Service.

Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

Scope will not share, sell, rent, or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances: 1) we have been given your consent to disclose; 2) we have previously informed you of the disclosure, including by means of our Privacy Policy or on Site, or through the Service where you provided your information; 3) we are required by law, legal process, or court order to disclose; 4) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, Scope’s rights or property, other Scope Web site users, or anyone else; or 5) to respond to an inquiry, request or complaint that you have made. Scope may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or our TOS, or to protect our sites, customers, or others.

Scope reserves the right to retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the TOS, and take other actions otherwise permitted by law.

c.    User Disclosure of Information on the Site and the Services

The Site and the Services may enable you to share or otherwise disclosure personal information. This Privacy Policy addresses only the use and disclosure of information Scope collects from you, except as otherwise expressly indicated. Different rules may apply to the use or disclosure of your personal information, if you disclose such information to others on the Site or the Service or on other sites throughout the Internet. We do not have the ability, nor will we attempt to control the privacy policies of third parties. You are subject to the privacy policies of those third parties, where applicable.

VII.    Our Commitment to Data Security

While Scope takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Web sites, Services, and customer databases, no Web site, Internet transmission, computer system, or wireless connection is completely secure. Consequently Scope cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Scope sites and Services is at your own risk. Scope urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.

Whenever you give Scope sensitive or confidential information (for example, credit card numbers for Purchases), Scope will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser. Scope employs a security technology known as a secure-socket-layer (“SSL”) to protect the transmission of payment information to the site. Unless otherwise specified herein or on the site where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.

VIII.    Hyperlinks To and From Other Sites

Scope sites may frame, and/or contain links to, or advertisements about, non-Scope Web sites. Other sites may also reference, advertise, or link to Scope sites. Scope does not endorse or sponsor other Web sites, is not responsible for the privacy practices or the content of non-Scope sites, expressly disclaims any statements or assertions made on such Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

IX.    Consent to Processing in the United States

By providing any personally identifiable information to Scope, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America.

X.    Contact Us Regarding Privacy

Scope is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. You may e-mail your questions or comments to: [[email protected]]

XI.    Notification of Changes

Scope reserves the right to change this Privacy Policy and its TOS at any time. In case of any material change to the Privacy Policy, we will replace the “Privacy Policy” link on the home page of our sites with a link entitled “Updated Privacy Policy” for no less than thirty (30) days. All changes to the Privacy Policy and/or TOS will be effective when posted, and your continued use of any Scope site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.