PRIVACY POLICY
Last updated:� September 1, 2010
Quick Hit, Inc. ("QUICKHIT," "we" or "us") recognizes the importance of privacy to our end users ("user" or "you") when using the Online Service, as described below.� This Privacy Policy sets forth how we use, transfer, store, process, collect and, in certain circumstances, share your Personal Information, as described below.
1. Online Service.
This Privacy Policy applies to your use of (1) all of the internet websites of QUICKHIT and its affiliates, including, but not limited to, www.quickhit.com, and any other internet websites on which the Privacy Policy is posted ("Sites"), and (2) any online sports games available on such Sites, including for example, the game currently known as QUICKHIT NFL Football, inclusive of any and all versions, updates, reproductions, patches, modifications, expansions, derivative works or applications ("Game").� This Privacy Policy contains important information about your use of the Sites and the Game (collectively, the "Online Service") together with the Terms of Service, inclusive of the Rules of Conduct, and the End User License Agreement.
By clicking the box indicating that you have read and agree to this Privacy Policy during the account creation process or using the Online Service you represent and warrant that you are either: (1) at least the legal age of consent in the jurisdiction of your domicile, or (2) at least 13 years of age but have obtained the consent of your parent or legal guardian ("Teen"); and agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree to this Privacy Policy, you are not authorized to use the Online Service.
2. Children and Teens.
Our Sites are general audience websites.� The Online Service is not directed toward children who are under the age of 13 (each, a "Child").� Once an individual states that he or she is under the age of 13, we will not knowingly collect or store such Child's name, e-mail address or other identifiable information.� If you are under the age of 13, do not attempt to register for any aspect of the Online Service, send or otherwise share any identifiable information with us.� We will disable the account of any individual we discover to be or have reason to believe is a Child and all identifiable information will be removed from the Online Service.
Note that we strongly encourage the parents or legal guardians of users who are Teens to instruct their Teens never to provide their name, e-mail address or other identifiable information to a website without parental consent.� Teens should ask their parent or legal guardian to review this Privacy Policy and to contact us if they would like to opt-out of your receipt of communications from us or remove your identifiable information from the Online Service.
3. Personal Information.
We may use, transfer, store, process, and collect Personal Information about you when you use the Online Service according to this Privacy Policy. By "Personal Information" we mean information that permits you to be identified as an individual, such as your name, e-mail address, mailing address, or credit card information. While we only collect Personal Information about you that you choose to provide in connection with your use of the Online Service, you may be required to provide Personal Information to use certain aspects of the Online Service, including by example, when you (a) register to become a user of the Online Service (e.g., to play the Game), (b) elect to participate in the forums or other features only accessible after log-in, (c) make an online purchase from a QUICKHIT store, or (d) provide it when you communicate with us (e.g., for customer support, to participate in promotions or opt-in to receive certain communications from us).
We may also use, transfer, store, process, and collect Personal Information about you that we may receive from other sources and add it to your Personal Information (e.g., your birthday), including from social networking systems or other devices that are linked to the Online Service or from which the Online Service may be accessed, or from users who may provide us with your Personal Information while using the Online Service (e.g., refer-a-friend).
4. Other Information.
We may also use, transfer, store, process, and collect other Information about you when you use the Online Service according to this Privacy Policy. By "Other Information," we mean information that while unique to you, may not identify you as an individual, such as your username and password or your age.� We also mean information about your use of the Online Service, including, but not limited to, platform and browser information (e.g., type, language, operating system, processing time, Internet service provider), patterns of usage (e.g., session data, including dates, times and durations of activity, navigation, including URLs visited before/after, advertisements clicked), communication preferences (e.g., responses to e-mails, offers), and other behavior when interacting with the Online Service.� We may use cookies and other technology to collect this Other Information, as described below.
5. How We Use Your Information.
We may use your Personal Information to provide you with the Online Service, including to administer and manage your account, to provide you with information you have requested (e.g., newsletters), to contact you regarding products or services you have ordered through the Online Service, including subscriptions, memberships and other premium offerings, to confirm, fulfill or troubleshoot any order you may have made through the Online Service, to inform you of any prizes you may have been selected to win, to respond to your customer support inquiries, to notify you regarding changes to your account status, or to provide promotional updates about the Sites, the Game, or special offers on behalf of our advertisers, sponsors, partners and licensors.� We may also use your Personal Information to inform you of any technical, security, or other updates related to the Online Service.
We may use Other Information to generate aggregate data about our users that we use to enhance and optimize the Online Service and to customize the advertisements or other content you see. In addition, we may use such Other Information to maintain the security of the Online Service, to monitor compliance and to support enforcement actions under the Privacy Policy, Terms of Service, inclusive of the Rules of Conduct, or the End User License Agreement, or for any other legal purpose.
6. How We Share Your Information.
In order to provide our users with certain features of the Online Service, we may engage third party vendors or agents with whom we may share your Personal Information or who may use, transfer, store, process and collect your Personal Information directly.� Examples include website hosting providers, payment and credit card processors, email service providers, customer support specialists, survey companies and other service providers.� We may also have such third party vendors or agents host certain pages of the Online Service in which the URL is not visible.� The pages may have a similar appearance to other pages within the Online Service and are governed by this Privacy Policy, unless otherwise noted.� The third party vendors and agents may only use your Personal Information to the extent reasonably required to perform the applicable service, and for no other purpose.� The third party vendors and agents are also required to protect the confidentiality of the Personal Information they use in connection with their engagement by QUICKHIT.
If you access the Online Service from www.NFL.com or its related websites, we may share your Personal Information and/or Other Information (together, "Information") with NFL Enterprises LLC. �If you access the Online Service from any of our authorized distribution partners, we may also share your Other Information with such distribution partners in order to enhance and optimize the Online Services or to comply with certain contractual obligations. We may also share your Other Information, in anonymous and aggregate form, with our advertisers, sponsors, offer providers, licensors, licensees, distribution partners and other third parties.
We may disclose your Information or otherwise use such Information to communicate with you if required or permitted to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process or any governmental request; (b) protect and defend the rights or property of QUICKHIT or its affiliates, advertisers, sponsors, offer providers, licensors, licensees, distribution partners; (c) enforce the Privacy Policy, Terms of Service, inclusive of the Rules of Conduct, and End User License Agreement; (d) protect the personal safety or interests of QUICKHIT employees, third party vendors, agents or users of the Online Service, or members of the public in urgent circumstances; or (e) protect the intellectual property or other proprietary rights of a third party.
7. Third Party Websites & Offers.
Advertisements, offers, and other third party content available through the Online Service may contain links to third party websites that may collect personally-identifiable information about users. You should be aware that these third party websites or links may have their own information collection practices and privacy policies. We do not control the privacy policies of third parties, including our advertisers, sponsors, offer providers, licensors, licensees, distribution partners and other third parties that have websites linked to the Online Services. If you click on an advertisement, offer or other third party content, the privacy policies of the third party website that you link to will govern the use of your information by that website's operator.
We may from time to time present you with opportunities to receive information and/or offers about products and services we think may be of interest to you from our selected advertisers, sponsors, offer providers, licensors, licensees, distribution partners and other third parties.� In these instances, we will specifically ask you if you would like your Information (e.g., e-mail address) to be shared with such third parties as necessary to receive information and/or offers.� If you opt-in to receive the information and/or offers, the privacy policies of the third parties will govern the use of your Information. If you do not opt-in to receive the information and/or offers, we will not share your Information with the third parties.
We advise you to be aware of and comfortable with the privacy policies of any third parties. This Privacy Policy does not extend to any third party websites and therefore we assume no responsibility or liability for the actions of such third parties with respect to their use of your Information or otherwise.
8. How we Use Cookies and Other Technology.
In order to improve and optimize the Online Service and to provide more convenient and relevant experiences to users, we may use cookies, including Flash cookies, web beacons, clear .gifs, frames, server log analysis, and other similar technologies.� Cookies are small amounts of electronic data that are stored on a user's hard drive when using a browser on the internet. Cookies enable us to keep Information a user may need on a regular basis (e.g., username) and provide a user with customized content.� Certain third parties may also use cookies to track user interactions with the Online Service, including, for example, whether a user has visited the Sites before.
We and certain third parties may collect internet protocol or IP addresses in connection with the Online Service.� An IP address is a number that uniquely identifies a user's computer on the internet. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country, state, and city from which a computer is connecting to the internet. When users visit a particular web page within the Online Service, your IP address may be logged. For example, reCAPTCHA, a program that distinguishes between human and computer users, will log your IP address when you complete that prompt during the account creation process.
We will handle your Information collected through the use of these technologies in accordance with this Privacy Policy.
9. Advertisements.
We use third party ad servers, ad networks and other media services to deliver our advertisements across the internet. We also use third party ad servers, networks and other media services to deliver our advertiser and sponsor advertisements within the Online Service. Because your web browser must request these advertisements from the ad network website, these companies can send their own cookies to your cookie file, just as if you had requested a page from the website. Note that if an advertiser or sponsor asks us to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 13-24 who have viewed sports content) and you respond to that advertisement, the advertiser, sponsor or ad-server may conclude that you fit the description of the audience they are trying to reach. As always, remember we only authorize our third party ad servers to employ anonymous cookies for ad delivery and anonymous targeting. Our third party ad servers do not collect, nor do we give them access to, any Personal Information about you.
If you want to prevent a third party ad server from sending and reading cookies on your computer, currently you must visit each ad network's Web site individually and opt out (if they offer this capability). Currently, we have relationships with the following third party ad networks: 24/7 Real Media, Inc. www.247realmedia.com/privacy.html.
10. Storage and Security.
We may store and process your Information in the United States or any other country in which QUICKHIT or its affiliates, third party vendors or agents maintain facilities, and by using the Online Service, you consent to any such transfer of your Information outside of your country.
QUICKHIT uses reasonable safeguards to protect the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, disclosure or use.
11. Your Role in Protecting Your Privacy
Remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any Information you provide to QUICKHIT.� For example, the username and password you choose should be difficult for someone to guess and should not contain things like your name, your birthday, etc.� We also caution you against giving out Personal Information to other users when using the Online Service, as it may be used for illegal or harmful purposes.�
12. Online Chat, Forums and E-mail.
As part of the Online Service, QUICKHIT may make online chat (e.g., voice or text), forums or other communication channels available to users. You are not required to provide any Personal Information when using these channels and due to the public nature of such channels, should exercise caution before disclosing any Personal Information. We cannot ensure that users or other third parties with access to such channels will respect your privacy, and the Personal Information you disclose may be collected and used to send you unsolicited messages, advertisements or for other purposes. If you decide to disclose any Personal Information through such channels, you do so at your own risk.
Note that any communication within any Game or any other communication channel available through the Online Service, including communications conducted "privately" with another user, go through QUICKHIT's servers and any such communications that you send or receive may be monitored by QUICKHIT.
13. Corrections, Updates and Removal of Personal Information.
If you are concerned about the accuracy of your Personal Information, if your Personal Information changes, or if you would like your Personal Information removed from QUICKHIT's records, we will endeavor to provide a way to correct, update or remove your Personal Information. You may use the tools, if any, made available through the Online Service (e.g., Coach Settings) to change, update or remove such Personal Information or you may contact us by e-mail or mail at the address set forth below.� Note that if you choose to remove your Personal Information, you may no longer be able to access the Online Service or use certain features, including features to which you have subscribed.�
Even if your access to the Online Service is disabled, we may still retain your Personal Information in our records to resolve disputes, enforce the Privacy Policy, Terms of Service, inclusive of the Rules of Conduct, or End User License Agreement, or in accordance with any applicable technical and legal requirements or constraints that relate to our operation of the Online Service.� We may also retain your Other Information in our records in anonymous form.
14. For Residents of the State of California.
Under California law, you may request information about our disclosure of your Personal Information to third parties for direct marketing purposes.We do not share user's Personal Information with unaffiliated third parties for direct marketing purposes without prior approval. If at any time you wish to opt-out of having your Personal Information disclosed to third parties for direct marketing purposes, you may contact us by e-mail or mail at the address set forth below.
15. For Residents of the European Union.
Under European Union law, certain terms such as "Personal Information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). QUICKHIT will not collect any personal data from you unless you provide it voluntarily with your freely-given, specific and informed consent. By using the Online Service, you agree that QUICKHIT may transfer your Personal Information outside the European Union in connection with the uses described in this Privacy Policy. Your personal data may be transferred to the United States (and/or other non-EU jurisdictions, as applicable).
16. Acceptance of Privacy Policy.
If you use the Online Service, you are signifying your acceptance of the terms and conditions of this Privacy Policy, and we will have the right to use, transfer, store, process, collect and share your Information as described in this Privacy Policy. If you do not agree to have your Information used in any of the ways described in this Privacy Policy, you must discontinue immediately all use of the Online Service.
You agree that we may communicate with you via the e-mail address you provided when creating your account regarding any subject related to the Online Service, the Privacy Policy, Terms of Service, inclusive of the Rules of Conduct, End User License Agreement, and/or any other related agreements between us. Note that you should always update your Personal Information so that we have your current e-mail address.
QUICKHIT may amend, modify or update the Privacy Policy, at any time in its sole and absolute discretion, except as limited by applicable law. Any changes to the Privacy Policy shall be effective upon your first use of the Online Service after QUICKHIT makes such changes available to you, including, but not limited to, by posting such changes on our website at www.quickhit.com/legal. We recommend that you regularly review the Privacy Policy available at www.quickhit.com/legal/privacy. Your continued use of the Online Service after we post such changes will constitute your acceptance of the Privacy Policy as changed.
Although we will use reasonable efforts to safeguard the privacy of your Information, transmissions over the Internet cannot be made absolutely secure. Accordingly, we assume no responsibility or liability for disclosure of any of your Information due to errors in transmission, unauthorized third party access or other causes beyond our reasonable control.
17. Transfer of Information.
We reserve the right to transfer your Information in connection with an acquisition, consolidation, merger or the sale of all or substantially all of QUICKHIT's stock or assets. We also reserve the right to transfer your Information in connection with the transfer of the operation of all or part of the Online Service and distribution of certain products or services, including the Sites and/or the Game to a third party or in the event of a bankruptcy.�� In such event, your Information may be transferred to QUICKHIT's successor, assignee or other third party resulting from such events.
18. Contacting QUICKHIT.
If you have any questions or comments about this Privacy Policy, please contact us via e-mail at privacy@quickhit.com or regular mail at Quick Hit, Inc., 16 Chestnut Street, Foxboro, Massachusetts U.S.A. 02035 Attn: Privacy Officer.