Last Updated: January 11, 2011
the personally identifiable information (“Personal Consumer Information”) collected
collected from any other source or in any other manner.
of information that is collected, (ii) how collected information is used and with
whom it is shared; (ii) how we intend to protect the information; and (iii) how
you can access, modify and/or delete such information.
California Privacy Rights
Under California law, California residents who have provided personal information
to a company may have the right to request a list of all third parties to whom that
company had disclosed such information for the third parties’ direct marketing purposes
during the preceding calendar year, along with a list of the categories of personal
information that had been so disclosed. However if a company adopts and discloses
parties for the third parties’ direct marketing purposes, then the company is not
required to maintain and provide such lists, and instead may provide you with information
on how to exercise your right to prevent disclosure of your personal information.
Because the NewBay policy as disclosed on this site provides you with an opportunity
to opt-out of disclosures by NewBay of your Personal Consumer Information to third
parties for their direct marketing purposes, NewBay does not have to provide you
with such lists. If you are a California resident who would like information on
how to exercise your rights concerning third party disclosures, you may send an
email to CaliforniaPrivacyInfo@NBmedia.com or contact us via postal mail at:
California Privacy Rights Information
NewBay Media LLC
28 East 28th Street, 12th floor
New York, New York 10016
Attn: California Privacy Rights Administrator
Collection of Information
Information You Provide to Us: NewBay collects information about you when
you visit and/or purchase products from this website. Some of this information is
automatically collected, and some is collected when you interact with the site.
The type of information that is automatically collected can include date and time
of access of the site, the Internet protocol address of the computer that you are
using, the domain and host from which you access the Internet, your browser software
and operating system, and the specific activities you are engaged in while visiting
the Site.. Information from which you can be personally identified may also be collected
by NewBay at the site, including your name, postal address, e-mail address (referred
to as “Personal Consumer Information”). Of course, you may choose not to provide
certain information to NewBay, but if so, you may not be able to participate in
certain NewBay activities and transactions.
Use of “Cookies” and Other Technologies: NewBay may use “cookies” and/or
other technologies or files (collectively, “cookies”) to identify how its visitors
make use of this site. This aggregate tracking information is used to help NewBay
improve and enhance the website experience for all of its visitors. If you would
prefer not to have such cookies stored on your computer, you may modify your browser
settings to reject most cookies, or manually remove cookies that have been placed
on your computer. However, by so rejecting the cookies, you may be unable to fully
access the offerings on this site.
E-mail Communication: When you communicate with NewBay electronically, via
e-mail or otherwise, you consent to NewBay’s use of the information you have provided,
and you further consent to receive electronic communications from NewBay. If you
would prefer not to receive such communications, please e-mail Privacycoordinator@NBmedia.com
and so advise.
Security of Information
NewBay maintains reasonable standards of confidentiality and security for this site
and the Personal Consumer Information collected from this site. The Personal Consumer
Information you provide is secured using industry standard e-commerce security technology.
NewBay also restricts its own employees’ access to Personal Consumer Information.
However, it is possible that someone may intercept or access communications, transmissions
and/or Personal Consumer Information. You must also seek to protect against unauthorized
access to any passwords and/or accounts that you use in connection with this website,
and you should remember to log off of the website once you have completed your activities
on the site or if you have decided to step away from your computer. In the event
that NewBay determines that there has been a security breach resulting the unauthorized
disclosure of Personal Consumer Information to a third party, NewBay will notify
consumers whose Personal Consumer Information has been so disclosed by posting such
information on the site and, if email contact is possible, then we would send an
email advising of the status.
Use and Sharing of Information
Use of Personal Consumer Information by NewBay
The Personal Consumer Information collected by NewBay may be used by NewBay for
any lawful purpose, including to communicate with you, respond to your requests,
and analyze and improve NewBay’s websites, its business and/or its service to you.
NewBay may use this information to send you e-mail newsletters, promotional offers
with respect to goods or services of a particular brand or other types of communications
on behalf of NewBay and/or its affiliates. All e-mail newsletters and promotional
offers will provide you with an opportunity to opt out of receiving future issues
of such newsletters or to opt out of receiving future promotional offers with respect
to such brand. NewBay may also use your Personal Consumer Information to send you
e-mails or other communications on behalf of third parties. All such communications
will provide you with the opportunity to opt out of receiving future third party
offers from NewBay. You may also, at any time, opt-out of receiving any third-party
offers from this site by sending an e-mail to Privacycoordinator@NBmedia.com.
Disclosure by NewBay of Personal Consumer Information to Other Entities
Without restriction, NewBay may disclose aggregated statistics about visitors to
its site, along with specific information concerning individual visitors of its
site that is not Personal Consumer Information, provided that no specific individual
can be identified by the information so disclosed. NewBay may sometimes seek to
share the Personal Consumer Information it has collected with a third party, and
may also sometimes seek to share such Personal Consumer Information with companies
that are affiliated with NewBay. NewBay may sometimes use a third party, located
either within or outside the United States, to provide certain services on its behalf,
such as processing transactions, sending e-mails or performing statistical analyses
of activity on this website. In the event that NewBay provides certain of your Personal
Consumer Information to any such entity, NewBay will require that any such entity
maintain the confidentiality of (and not further share) the Personal Consumer Information
that NewBay has provided to it. NewBay may sometimes share Personal Consumer Information
with sponsors of Promotions on the NewBay site, or with or with sponsors or advertisers
of “premium” content. NewBay will always disclose when you are registering for such
a Promotion or requesting such content. NewBay will not provide Personal Consumer
Information to any third party for such party’s direct marketing purposes without
first providing you with an opportunity to opt-out of such disclosures.
Acquisition of Business
In the event that NewBay is involved in a merger, acquisition, consolidation, restructuring,
reorganization, liquidation, sale or similar transaction relating to any portion
of its business and/or assets, you hereby acknowledge and agree that the Personal
Consumer Information relating to visitors of this site that NewBay has collected
may be included in the assets, and/or transferred pursuant to, such transaction.
If that occurs, NewBay will post a notice to such effect on this website.
NewBay may disclose your Personal Consumer Information if it has a reasonable good
faith basis to believe that it is required to do so by law, compelled by court order
or legal process, or is reasonably necessary and/or appropriate to: (i) protect
the rights, property and/or safety of NewBay or any other person or entity; or (ii)
prevent or take action concerning any alleged: (a) illegal activity or (b) breach
Accessing Your Information
You may update and/or correct the Personal Consumer Information collected on the
site, or seek to have such information deleted from NewBays records, by logging
on to register at this site and following the instructions found therein.
From time to time, the NewBay website may contain links to other websites that are
not controlled and/or maintained by NewBay. Please be aware that these other websites
may have different privacy policies which may subject you to different privacy practices.
Please review the privacy policies of such other websites for information concerning
what information is collected on such sites and how it is used.
Changes in Policy
you will remain abreast of NewBay’s current policies, including its policies concerning
the gathering and use of information that may be collected on our site.
to California Privacy rights, please contact us at:
NewBay Media LLC
28 East 28th Street, 12th floor
New York, New York 10016
Attn: Privacy Coordinator
or your use of this site shall be submitted to binding arbitration in New York within
one (1) year from the date that the cause of action arose (or, if multiple cause
of actions are involved, from the date that the first cause of action arose), with
such arbitration conducted pursuant to the then prevailing rules of the American
Arbitration Association. To the fullest extent permitted by law, no arbitration
brought pursuant hereto shall be joined to any other action or any other arbitration
unlawful or void by a Court of competent jurisdiction, then that portion of the
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