Privacy Policy

Last modified: January 13, 2012

Open Culture, LLC (“Open Culture,” “we” or “us”) knows that you care how information about you is used and shared.  This Privacy Policy explains how Open Culture collects and uses information at its website located at www.openculture.com and at other websites and mobile services provided by Open Culture (collectively the “Network Websites”).  This Privacy Policy also explains how you can control the collection, correction and/or deletion of certain types of information that we collect.  We will not use or share your information with anyone except as described in this Privacy Policy.  This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources.  Further, this Privacy Policy does not apply to any websites, webpages, blogs, applications, widgets or other services operated by any third party, including our affiliates, advertisers, providers and partners.

1. Information We Collect

A. Personally Identifiable Information

In general, Open Culture does not collect personally identifiable information on the Open Culture Services, except as set forth below.  For purposes of this Privacy Policy, “personally identifiable information” is data intended to be used to identify, contact or locate a person, including, name, address, telephone number or e-mail address and any other information (even if non-personally identifiable) provided in combination with such personally identifiable information.

You may provide us information about yourself, such as your name or e-mail address, when you use or post content on or though the Open Culture Services, including registering for the use of certain features such as email RSS feeds.  If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.  We may also retain any messages or other content you send through or post on the Open Culture Services.

The advertisements we deliver may offer the ability to interact, including playing a game or viewing a video.  The ad may also give you the opportunity to provide the advertiser with information about yourself.  In some instances, if you choose to interact with an advertisement or provide an advertiser with information about yourself, Open Culture may collect information on behalf of the advertiser.  In that case, the advertiser’s privacy policy would apply to the data collected and we will abide by the instructions given to us by the advertiser in our handling of the data.  Open Culture will not associate any information (non-personally identifiable or personally identifiable) we collect for an advertiser with any other information we may have collected about you through the Open Culture Services.

B. Non-Personally Identifiable Information

When you visit the Open Culture Services, Open Culture or third parties such as advertisers, third-party advertising networks, and third-party advertising serving companies may collect non-personally identifiable information.  For purposes of this Privacy Policy, “non-personally identifiable information” is data that is not personally identifiable. Open Culture and these third parties may implement certain technologies to enable the collection of such information.  An explanation of these technologies is below.

Cookies Information: When you visit the Open Culture Services, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser and lets Open Culture help you log in faster and enhance your navigation through the site.  A cookie may also convey information about how you browse the Open Culture Services.  Open Culture uses session, persistent, flash and browser cookies.  The use of cookies on the Open Culture Services is anonymous and does not allow us to gather personally identifiable information about you.  A persistent cookie remains on your hard drive after you close your browser.  Persistent cookies may be used by your browser on subsequent visits to the site.  Persistent cookies can be removed by following your web browser’s directions.  A session cookie is temporary and disappears after you close your browser.  You can set your web browser to refuse all cookies or to indicate when a cookie is being sent.  However, some features of the Open Culture Services may not function properly if the ability to accept cookies is disabled.

Device Identifiers: When you access the Open Culture Services by or through a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers.”  Device identifiers are small data files or similar data structures stored on or associated with your mobile device that uniquely identify your mobile device and are used by Open Culture to enhance your use of the Open Culture Services.  A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Open Culture.  A device identifier may convey information to us about how you browse the Open Culture Services.  A device identifier does not collect or share any personally identifiable information about you.  However, a device identifier may be used in conjunction with other information in a manner that may constitute personally identifiable information.  A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Open Culture Services.  Some features of the Open Culture Services may not function properly if use or availability of device identifiers are impaired or disabled.

Web Beacons/Click-Stream Data: A web beacon is an electronic file that signals when a webpage, advertisement, video, other content, an email, or a newsletter has been viewed.  We may use web beacons in our emails and newsletters, or on our websites and services.  Open Culture may use web beacons in conjunction with cookies to collect click-stream data that helps us better understand how visitors move from page to page within our websites.  As with cookies, our use of web beacons is anonymous and does not allow us to gather personally identifiable information about you.

Passive Browser Information: Open Culture collects passive browser information though its web servers.  We use the passive browser information to help us understand how many visitors come to our websites and where they come from, and ultimately to help us make decisions about how to organize the websites and deliver advertising.

Log File Information: Log file information is automatically reported by your browser each time you access a web page.  When you use the Open Culture Services, our servers automatically record certain log file information.  These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, data about how you interact with links on the Open Culture Services, and other such information.  We may display your IP address to the owners or maintainers of certain blogs, groups or communities if you post to those blogs, groups or communities and the owner or maintainer has enabled functionality for this purpose.

Scripts:  A script is a short segment of computer code included in a web page or other content that can be used to set and access a cookie on your computer’s hard drive and to record your activity on a website.  Open Culture may use scripts on the Open Culture Services, on third-party websites, or in our emails and newsletters.

C. Third Party Advertisements

If an advertiser asks Open Culture to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.  In addition, third-party advertisers may use non-personally identifiable information about your visits to the Open Culture Services in order to provide advertisements about goods and services that they believe 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 see the list provided immediately below.  This Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers.  Please consult the respective privacy policies of such advertisers for more information.

2. How We Use Your Information

A. Personally Identifiable Information

We use the personally identifiable information that we collect to operate, maintain, and provide to you the features and functionality of the Open Culture Services.

By providing Open Culture with your email address, you consent to our use of the email address to send you notices related to the Open Culture Services, including any notices required by law, in lieu of communication by postal mail.  We may also contact you via email with transactional or relationship messages, such as notifications of changes to the terms of services provided.  By providing your email address, you agree that we may send you notifications of activity on the Open Culture Services to that email address, in accordance with any applicable privacy settings.  We may use your email address to send you other messages, such as information about changes to features of the Open Culture Services.  If you do not want to receive such email messages, you may opt out or change your preferences by sending an email to mail@openculture.com.  Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.  You may not opt out of service-related emails or transactional or relationship email messages.

Open Culture may use your personally identifiable information and user content internally for purposes such as operating or improving its websites, determining which users have access privileges to certain content, services or resources that we offer, diagnosing service or technical problems, maintaining security, doing something that you have asked us to do, telling you about Open Culture products, services and marketing events that we think may be of interest, analyzing how the Open Culture Services are used, and personalizing content.

B. Non-Personally Identifiable Information

We may use non-personally identifiable information, including cookies, device identifiers, location data, web beacons/click-stream data, passive browser information, demonstration data, log file information, and scripts to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our services; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; (f) help you efficiently access your information after you sign in; (g) monitor and prevent fraud and abuse; (h) identify you as an account holder; (i) require you to re-enter your password after a certain period of time has elapsed to prevent others from accessing your account contents; (j) keep track of preferences you specify while you are using Open Culture Services; (k) conduct research to improve Open Culture Services; (l) monitor advertising-related metrics, in order to provide you with more helpful and relevant advertising; (m) administer our business (e.g., to calculate payments due to our network websites); and (n) track user content and users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.

Third-party advertising networks and advertisers may also use non-personally identifiable information to assist them in delivering advertising that may be relevant to your interests.

3. How We Share Your Information

A. Personally Identifiable Information

Open Culture will not rent or sell your personally identifiable information to others.  Open Culture only shares personally identifiable information with other companies or individuals outside of the Open Culture Services as follows: (1) if Open Culture has your consent to the sharing of personally identifiable information; (2) to provide Open Culture’s services to you; (3) to respond to subpoenas, court orders or legal process, to assist government enforcement agencies, to establish or exercise our legal rights, or to defend against legal claims; (4) if we believe it is necessary in order to investigate, prevent, or take action regarding third-party claims or allegations, illegal activities, suspected fraud, situations involving potential threats to the safety or property of another person, violation of our Terms and Conditions of Service; or (7) as otherwise required by law.  Open Culture may also store personally identifiable information and user content in locations outside the direct control of Open Culture (for instance, on servers or databases co-located with hosting providers).

Any personal information or content that you voluntarily disclose for posting to the Open Culture Services, such as messages, comments or other user content, becomes available to the public.

B. Non-Personally Identifiable Information

In the event that we use a third party to provide services or to support aspects of our business on our behalf, Open Culture may share non-personally identifiable information with the third party to be used by them only for the purpose of providing their services to Open Culture.

We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to help them understand the usage patterns for certain Open Culture Services, and as part of the function of our business.

C. Transfer of Data

In the event that Open Culture sells, transfers or otherwise relinquishes all or part of our assets, business offerings, or services, including any of the Open Culture Services, information that you have shared with Open Culture or that Open Culture has collected, including both personally identifiable information and non-personally identifiable information, may be one of the business assets that will be transferred.  We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.  The transferred information will remain subject to the terms of this Privacy Policy or those of subsequent policies to which you have consented.  If Open Culture is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

4. Content Removal

Open Culture reserves the right, but has no obligation, to monitor the user content you post on any of the Open Culture Services.  We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any law or our Terms and Conditions of Service, or to protect or defend our rights or property or those of any third party.  Open Culture also reserves the right to remove information upon the request of any third party.

5. Data Retention

Open Culture may retain and continue to use indefinitely all information (including user content) posted to the Open Culture Services.

Open Culture retains the specific anonymous data collected and tied to your computer’s unique ID as described in this Privacy Policy for a period of up to twelve months.  Such data may be aggregated and used for analytical purposes indefinitely.

6. How We Protect Your Information

Open Culture cares about the integrity and security of your personal information.  We cannot, however, ensure or warrant the security of any information you transmit to Open Culture or guarantee that your information on the Open Culture Services may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  The transmittal of information from you to us is done at your own risk.

7. Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, Open Culture will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by law.

8. Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case Open Culture may not be able to provide certain services to you.

You can limit targeted advertising by configuring your browser’s settings or changing the management panel of the Adobe Flash Player to limit your acceptance of or delete cookies.  Because the management of cookies in various browsers differs, you should consult the documentation for your browser in order to manage your cookies.  In order to limit the acceptance of or disable “flash” cookies, you must access the management panel of the Adobe Flash Player installed on your computer.  To learn more about the management panel of the Adobe Flash Player and the management of “flash” cookies, please access the following link: http://www.macromedia.com/support/documentation/en/flashplayer/help/index.html.  You can also opt-out of receiving cookies from third-party data providers by following the instructions at:  http://www.networkadvertising.org/managing/opt_out.asp.  You can opt-out of receiving cookies from Targusinfo, a specific third-party data provider, by following the instructions at:  http://www.adadvisor.net/optout.html.  Also, because your choices are not associated with you as a particular individual, if you change computers, web browsers or cookie settings, you will need to re-implement your preferences as described above.  Note that if you limit or disable cookies, this does not mean that you will not see ads on the Open Culture Services. Instead, ads will be displayed that are based on passive browser information or other information that that may be provided by the Open Culture Services at the time of your visit.

9. Children’s Privacy

Protecting the privacy of young children is especially important.  Open Culture and its related websites are not structured to attract children under 13 years of age.  Open Culture prohibits the use of our websites or services by anyone under 13 years of age.  Open Culture does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for any of the Open Culture Services.  If you are under 13, please do not access the Open Culture Services or send any information about yourself to us, including your name, address, telephone number, or email address.  In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us at mail@openculture.com.

10. Links to Other Websites

We are not responsible for the practices employed by websites linked to or from the Open Culture Services, nor the information or content contained therein.  Please remember that when you use a link to go from within the Open Culture Services to an outside website, our Privacy Policy is no longer in effect.  Your browsing and interaction on any other website, including those that have a link on the Open Culture Services, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

11. Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the applicable Open Culture website or service, as determined by Open Culture in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

12. Governing Law

This Privacy Policy is governed by the laws of the State of California and the United States of America.

13. Changes to this Privacy Policy

Open Culture may modify or update this Privacy Policy at its sole discretion from time to time, and so you should review this Privacy Policy periodically.  When we change the policy in a material way, we will notify you by means of a notice on our website prior to the change becoming effective.  Changes to this Privacy Policy are effective when they are posted on this page.  Your continued access to the Open Culture Services after the Privacy Policy has been modified and posted will signify your acceptance of such modifications.

If you have any questions about this Privacy Policy, the practices of the Open Culture Services, or your dealings with Open Culture, please contact us at mail@openculture.com.


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