Privacy Policy

Last Updated: March 6, 2007

NewBay Media LLC (“NewBay”) has implemented this Privacy Policy governing the personally identifiable information (“Personal Consumer Information”) collected by this site. This Privacy Policy does not govern Personal Consumer Information collected from any other source or in any other manner.

Overview

This Privacy Policy is intended to provide you with information as to: (i) the type 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 a privacy policy that provides the ability to opt-out of such disclosures to third 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
810 7th Avenue
New York, New York 10019
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.

Legal Process

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 of the Terms and Conditions or Privacy Policy of this website.

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.

Linked Sites

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

From time to time, NewBay’s Privacy Policy may change. NewBay will post changes to the Privacy Policy at this site. Please review this Privacy Policy often so that 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.

This Privacy Policy was last updated on February 28, 2007 and is effective immediately.

Contact Us

If you have any questions concerning this Privacy Policy other than with respect to California Privacy rights, please contact us at:

NewBay Media LLC
810 7th Avenue
New York, New York 10019
Attn: Privacy Coordinator
Privacycoordinator@NBMedia.com

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy 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 initiated pursuant hereto. If any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.