Privacy Policy
SimonSays.com ("Site," "us,"or "we") is maintained by Simon & Schuster Digital, 1230 Avenue of the Americas, New York, NY, 10020, and is a member of the Simon & Schuster family of companies. We can be reached by e-mail at privacyadministrator@simonandschuster.com.
Your privacy is very important to us. Because we gather certain types of personally identifiable information ("Personal Information") from users of our Site and for various Simon & Schuster activities, operational and business purposes, we feel you should know how we collect, use, disclose, manage, and store the Personal Information that you may provide to us. This Privacy Policy is a part of the Site's Terms of Use Agreement, which is binding on all Site users. This Policy applies only to the Personal Information collected by Simon & Schuster and does not cover any such information collected by its corporate parent(s), affiliates, or any other company, unless specifically stated.
If you do not agree with this Privacy Policy, please do not participate in Simon & Schuster's online or off-line activities and services that require you to provide your Personal Information. (The type of Personal Information collected is listed below. See Section entitled WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION) This Policy provides information regarding your choices to Opt-out when your Personal Information is used for various promotional and marketing purposes by Simon & Schuster, the Site, its corporate affiliates, and/or unaffiliated third party. For example, for Simon & Schuster, the Site or our corporate affiliates' use of your Personal Information for marketing and promotional purposes, we provide you with the right to Opt-out. You may opt-out by following the opt-out instructions in the footer of any e-mail you receive or if applicable by clicking the Opt-Out boxes that may be included on the registration area for the particular activity at issue. Alternatively, you may opt-out by notifying the Site's Privacy Administrator at privacyadministrator@simonandschuster.com.
YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under a new provision of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options. Simon & Schuster qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information during the preceding year for marketing purposes.
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (e-mail or postal mail). You may contact us in two ways. Send e-mail to Privacy Administrator at privacyadministrator@simonandschuster.com.
Alternatively, you may contact Simon & Schuster at:
Simon & Schuster Digital
1230 Avenue of the Americas, 11th Floor
New York, NY 10020
Attn: Your California Privacy Rights c/o Privacy Administrator
For requests sent via e-mail, you must put the statement "Your California Privacy Rights" in the subject field of your e-mail. All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via e-mail. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
To all other users of this Site, if you have other questions about this Privacy Policy, please contact our Privacy Administrator at the following e-mail address: privacyadministrator@simonandschuster.com.
GENERAL PRIVACY GUIDELINES
This Site is operated in the United States and is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the United States. Unless specified otherwise on the Site, all users must be a legal resident of the United States to participate in any activity that requires the submission of Personal Information. We make no representation that this Site is operated in accordance with the laws or governed by other nations. By your participation in our Site activities, you certify that you are in the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. Please be aware that any Personal Information you transfer to us will be transferred to the U.S and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer of Personal Information to the U.S., and waive any claims that may arise under your own national laws. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.
Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described herein.
We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from marketing companies. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site or a participant in Simon & Schuster activities.
WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Simon & Schuster recognizes the importance of protecting the privacy of visitors to our Site. As you interact with our Site, we may collect certain types of Personal Information about you, for example, when you provide shipping and billing information for an online purchase, when you provide an e-mail address or mailing address to receive additional news, offers, or prizes from Simon & Schuster, or when you post a message to a discussion board or to the Reader Comments area.
We consider the following to be Personal Information: your name, street address, phone number, credit card information and e-mail address. Personal Information is used by Simon & Schuster to process your online purchases, to inform you about our products and services, to fulfill sweepstakes and rebate offers, to improve the products and services we offer, and otherwise to better meet the needs and preferences of Simon & Schuster customers. We share your Personal Information with our operational service providers, the specialists that provide internal support to Simon & Schuster's and the Site's operations including maintenance, management, storage, disposal of Personal Information and/or fulfillment of various sweepstakes, rebate offers, services and your online purchases. Operational Service Providers who have access to your Personal Information are required to protect it in a manner that is consistent with this Privacy Policy by for example, not using the information for any purpose other than to carry out the services they are performing for us.
We may share your Personal Information with our corporate parent, CBS and affiliated entities primarily for business and operational purposes. On occasion, we may share your Personal Information with CBS-related corporate entities for promotional and marketing purposes. We will inform you when we conduct cross-promotional events between our various companies, and you will have the right to Opt-out of such use.
We also may disclose your Personal Information to comply with court orders or subpoenas or when required to do so by law. We may also disclose such data in cooperation with a law enforcement or government request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use Agreement, or to comply with legal or regulatory obligations. In addition, we may transfer information to a third party in the event of corporate restructuring (e.g., a sale, merger or other transfer of assets). Finally, we may share Personal Information with unrelated third parties (for example, our promotional partners) for their own direct marketing purposes. In such instances, you will have the opportunity to opt-out as described in the Section entitled: Data Sharing With Third Parties.
Users should be reminded that any Personal Information that is voluntarily posted by a user to a public area of this Site (for example, a posting to a discussion board or to the Reader Comments area) may always be collected and used by others. We cannot prevent such uses.
We will not sell, exchange, rent, lease or otherwise disclose your Personal Information to any persons that are not associated or affiliated with Simon & Schuster unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site or Simon & Schuster, or 4) to enforce the Terms of Use Agreement.
COOKIES
To enhance your experience with our Site, many of our Web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. We use cookies to understand Site usage and to improve the content and offerings on our Site. For example, we may use cookies to personalize your experience at our Web pages. This Site also uses cookies to facilitate the checkout process at Simonsays.com. If you choose to change your browser preferences to disable cookies, you will still be able to make a purchase at Simonsays. However, you will have to re-enter your purchasing information each time you return to the store to make a purchase.
YOUR CHOICES
As noted above, we may contact you to provide you with information about programs and services that may be of interest to you. If you prefer not to receive these promotional communications from us, just let us know by following the Opt-out instructions in the footer of any e-mail you receive.
For any Simon & Schuster division or feature, if you choose to opt-out of receiving promotional communications, we will continue to send you important service-related communications, including follow-up messages regarding your purchases, sweepstakes or contests, or other transactions you have undertaken, such as order confirmation.
REVIEWING YOUR INFORMATION/CHANGING ALERT ME OR NEWSLETTER OPTIONS
SimonSay.com Accounts
If you would like to review the Personal Information that we have collected from you online in connection with your purchases from SimonSays.com, log back into your user account. Click on "View Account" to review or make changes to your Personal Information at any time. If you are not signed in, you will be prompted to do so. If you do not remember your password, click on the "Forgot password? Click here" link and we will send you your password via e-mail. You must use this method to notify us of changes in your account options, as we cannot guarantee that other methods of notification will be effective.
Set an Alert Options
If you would like to review the Personal Information that we have collected from you online in connection with your E-mail Alerts, please visit your Alert Preferences Center, accessible via the designated link in any of our E-mail Alerts. Your Alerts Preferences Center shows you all of the Email Alerts for that particular email address. You may view, modify or delete your E-mail Alerts at any time. You may unsubscribe to Alerts by following the directions on your E-mail Alerts. With respect to the Alerts, we only gather a participant's e-mail address. You must use the method described in this Section to notify us of changes in your Set an Alert options, as we cannot guarantee that other methods of notification will be effective.
Newsletters
To subscribe or unsubscribe to our Newsletters, visitors should follow the specific directions provided for Newsletters on the Site. You must use this method to notify us of changes in your account options, as we cannot guarantee that other methods of notification will be effective.
SECURITY OF PERSONAL INFORMATION
In connection with your purchases at SimonSays.com, we use a third party operational service provider to collect your credit card [or debit card] number. The third party operational service provider conducts the financial transaction in a secured manner by collecting your payment information through a secured Internet connection via SSL. The third party payment mechanism will be accessible via a hyperlink from the Site and the third party operational service provider will be solely responsible for all financial transactions and the collection, use, and storage of your credit card [or debit card] information. In connection with your purchases, the Site may request additional Personal Information such as full name, billing and shipping address, e-mail address and telephone number and any such information that is required to fulfill your order and to communicate with you regarding your order. We may use your Personal Information, (but not your credit card or debit card number) to contact you about future products, services and discounts from Simon & Schuster or to provide such information indirectly from third parties such as promotional partners, unless you tell us otherwise ("Opt-out"). We will only use your credit card [and debit card] number to complete the specific transaction you requested.
Please remember that no data transmission over the Internet, or by other means, can be guaranteed to be 100% secure. Thus, while we strive to protect your personal data, Simon & Schuster cannot ensure or warrant the security of any information you transmit to us. As noted above, our third party operational service provider uses a secured connection for the collection of payment information, but we do not use a secured connection for other types of activities. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.
Once we receive your data, we use reasonable efforts to ensure the information you provide is secure and not readily available to unauthorized individuals or third parties.
LINKS
We are not responsible for the data collection practices of any sites linked to SimonSays.com nor does our linking to third party websites or services constitute sponsorship or endorsement of the content or business practices on these sites. When visiting linked sites, you should refer to each such site's individual privacy policy. By use of this Site, you have agreed that you will use the hyperlinks to third party sites at your own risk.
CHILDREN'S PRIVACY
Visitors to this Site may participate in many activities without providing any Personal Information. However, certain activities or features may require the submission of Personal Information from children and in these circumstances, we will follow the requirements of the Children's Online Privacy Protection Act ("COPPA"). We will use Personal Information that children provide to respond to their requests, e.g., to provide them with our newsletters, to participate in a game, sweepstakes or contest, or to respond to their requests about our books or products. We will not condition children's participation in an online activity on the disclosure of more information than is reasonably necessary to participate in the activity. We do not share children's information with outside third parties not bound by this Privacy Policy, or otherwise inconsistent with the requirements of COPPA. If you are a Parent or Legal Guardian and would like to review any Personal Information that we have collected online from your child, have this information deleted, and/or request that there be no further collection or use of your child's information or if you have questions about these information practices, you may contact us at:
Simon & Schuster Digital
1230 Avenue of the Americas, 11th Floor
New York, New York, 10020
ATTN: Privacy Administrator
(212) 698-7148
or via email: privacyadministrator@simonandschuster.com
For activities or features that are not targeted to children and have specific age eligibility requirements, we will automatically reject or delete the registration or entry of any person we believe in good faith to be underage and ineligible for an activity reserved for users 13 or older. Any false or fraudulent registration or entry from an ineligible person will be deemed to be ineligible and will disqualify the minor from the receipt of a prize, benefit, or other participation.
OPT-OUT OPTIONS SIMON & SCHUSTER ADVERTISING AND PROMOTIONAL E-MAILS
You can "opt-out" of receiving advertising and promotional e-mail from us in compliance with federal law by following the opt-out instructions in our e-mail messages. To ensure that your opt-out request is honored, you must use the designated method in the e-mail message to notify us of your opt-out request, as we cannot guarantee that other methods of notification will be effective or timely. We will continue to send you important service-related communications (e.g., order confirmation or product safety information). Please note that even if you chose to opt-out of Simon & Schuster's marketing, we will continue to send you important service related communications, including follow-up messages regarding sweepstakes or contests you have entered or other transactions you have undertaken (e.g., order confirmation).
DATA SHARING WITH THIRD PARTIES
We do not currently share Personal Information with unaffiliated third parties. However, depending on the activity, we may in the future do so and you will receive notice on the Site and/or in the rules of participation ("Rules of Participation") for the event or activity, or via an e-mail notice. Please be informed that unaffiliated third parties may not have the same privacy policies that we do. Therefore, you will need to tell us if you do not want to receive marketing information directly from third parties. You will need to check the "Opt-out" click boxes that may be included on the registration area for the particular event, in an e-mail, or alternatively, notify the Site's Privacy Administrator at privacyadministrator@simonandschuster.com.
CHANGES TO OUR POLICY
We may revise this policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Therefore, we encourage you to visit our website to review this Privacy Policy often. When we make material changes to this Privacy Policy, we will post a notice on the webpage highlighting that a revised Privacy Policy has been posted.
CONTACT INFORMATION
If you have questions or comments about our privacy policy or our practices, you may contact us by e-mail at Privacy Administrator at privacyadministrator@simonandschuster.com.
CHAT ROOMS, MESSAGE BOARDS AND PUBLIC AREAS
For your enjoyment and entertainment, this Site offers user interactive activities such as chat rooms and message boards ("Public Areas"). We reserve the right, at our sole discretion, to save and archive any content of any nature posted to the Site and that we may, without liability to any user: 1) disclose such content if required to do so by law or to comply with legal processes; 2) to respond to claims that any of the content violates the property, privacy, publicity or other rights of others; or 3) to protect the rights, property or safety of the Site, Simon & Schuster, its employees, users and members of the public. For more information on this Site's rules of conduct, please see our Terms of Use Agreement.
MONITORING AND USE OF AGGREGATE PERSONAL INFORMATION
We reserve the right to monitor and edit any Personal Information about our users, including information about the use of Site activities and services, the contents of users' e-mail and messages for internal purposes, and when necessary, to disclose to law enforcement personnel, and/or the employer and/or Internet Service Provider of a user that is not in compliance with the Terms of Use Agreement or Privacy Policy. We will take such measures if we believe it is necessary to protect the security, integrity, and operations of this Site or Simon & Schuster. Without disclosure of Personal Information about individual users, we may provide aggregate statistics about our users, traffic patterns and related Site information to reputable third party vendors or marketing companies.
OFF-LINE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Simon & Schuster also collects and uses Personal Information by other means, via telephone, direct mail, and direct from members of the public. The various uses of such Personal Information include, but are not limited to, contests & sweepstakes, rebate offers, job applications, customer complaints, and operational and business purposes.
Except for contests & sweepstakes entries, rebate request forms or other special features/events registrations, we do not ordinarily use your Personal Information collected off-line for promotional and marketing purposes, nor do we share it with unaffiliated or unassociated third parties for promotional or marketing purposes. If Personal Information collected off-line will be used by Simon & Schuster, its parent company, corporate affiliates, or for promotional and marketing purposes, in most cases you will have the opportunity to Opt-out of such use. For certain promotions and activities, you may have an opportunity to Opt-in to our use of your Personal Information for promotional purposes; such rights will be provided to you in writing at that time.
Last updated: June 22, 2005 and effective immediately.
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