Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
"Agreement" means these Terms of Service;
"App" means the stats tracking application for mobile devices that we may make available through our Site or a third party app store or site, offering similar features to those available on our Site;
"Service" refers to the services that we provide through our Site, as well as our App;
"Site" refers to our website, www.statwack.com;
"Stat" or "stats" means statistics;
"Statwack" refers to our company (CopperSite, LLC), our Site, or our Service, depending on the context of the usage;
"User" refers to you, those who use our Services, and general visitors to our Site;
"You" refers to you, the person who is entering into this Agreement with CopperSite, LLC.
3. Information Collected
Identifying Information Collected by Us
When you sign up for our Service, you will be asked for certain information including your name, e-mail address, city, state, country, date of birth, and Facebook profile information. We also collect your IP address. We require this information in order to assign a unique account to you, as well as determine whether you are legally permitted to use our Service.
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
Restrictions on Access by Minors
We reiterate our information collection requirements as stated in our Terms of Service:
As we are located in the United States, the Children's Online Privacy Protection Act applies to us, meaning that if you are under thirteen years of age, you are not permitted to use our Service, regardless of whether you live in the United States or elsewhere.
If you live outside of the United States, you must not only be at least thirteen years of age to use our Service, but you must meet any higher minimum age for providing us with your information that may exist in your jurisdiction, if applicable. Even if such ages are merely governmental guidelines, such as recommended practices rather than laws, you must follow them. For example, if you reside in the United Kingdom, your government recommends that businesses voluntarily impose a minimum sixteen year age requirement in order to sign up to online services without parental consent.
Therefore, in order to use our Service, a United Kingdom who is fifteen years old must a) Be at least thirteen years of age in compliance with the U.S. Children's Online Privacy Protection Act and; b) Obtain parental consent to provide us with information, in accordance with the British government's voluntary guidelines regarding the collection of information about minors.
4 Use and Sharing of Your Information
4.1 Use of Your Information
We may use your information:
- To enhance or improve Users' experiences, our Site, or Service.
- To send e-mails about our Site or respond to inquiries.
- To send e-mails about the Site and other products, news, or updates for Statwack, or other businesses, websites, or services owned or operated by CopperSite, LLC.
- To aggregate general usage information and resell it for marketing purposes without including any personally-identifiable information in such information (such as general demographic information about Users).
- To collect and compile web analytics information.
- To share with Facebook, with your consent-express or implied.
- To process transactions with third party merchandise providers from whom you purchase goods or services, if applicable.
4.2 Sharing of Your Information with Third Parties
Information sharing is essential for our Service. We may, and you agree that we may:
- Permit out Service to be used with Facebook's messaging service (SMS, website-based, or otherwise), or with any messaging service Statwack provides, in a manner that enables information-sharing and identification of Users with other Users.
- Interface with Facebook and share information, including your content, profile information, friends data, and other information, back and forth with Facebook.
- Do anything else which we deem to improve the function of Statwack, or which assists us in providing our Service to our Users.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser's cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
We also use the Google DoubleClick cookie in conjunction with Google AdSense on our website. To disable this cookie, visit Google's webpage on the subject for further instructions: http://www.google.com/policies/privacy/ads/
Please note that disabling cookies in general may cause certain services of ours to not function properly or not function at all. It may also interfere with other websites unrelated to Statwack.com that you may visit.
7. Third Parties
7.1 Third Party Websites
Statwack or its Users may post links to third party websites on its Site, which may include information that we have no control over. Whether you access third party websites through a link on our Site, or as a consequence of using our Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
We use your Facebook profile in conjunction with the provision of our Service. Should you wish to access or edit your information, we recommend that you log in to your Facebook account and review and edit your information as desired. Although most changes may occur immediately, information may still be stored in a web browsers cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
You may click through to websites unrelated to our Site or Service, such as by following links provided by AdSense, purchasing from a third party merchandise provider partnered with Statwack, or otherwise. These websites, if they accept payments for goods or services, may request that you provide certain sensitive financial information, such as credit card or banking information. We do not provide any assurances about the security of these websites, and recommend that any User who engages in online purchasing conduct routine credit bureau checks and take other measures to ensure that their financial information has not been compromised.
8. Third Party Access to Your Information
Although you are entering into an agreement with CopperSite, LLC to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire third parties to assist us in maintaining, repairing, improving, or otherwise assisting us with our Site and Services.
Without limiting the generality of the foregoing, you authorize us to collect, use, share, and store information with:
- Facebook, to authenticate Statwack Users and to share information.
- UserVoice, to collect feedback from and provide support to Users.
9. Law Enforcement
You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any law of the United States or any other country having jurisdiction over us, our Site, Services, or our Terms of Service. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities in the State of Wisconsin, the rest of the United States, or elsewhere.
10. Commercial and Non-Commercial Communications
11. Security Measures
We may take certain measures to enhance the security of our Site and Services. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
12. Children's Online Privacy Protection Act
We prohibit minors under the age of thirteen from using our Site and Service and, if applicable, under higher ages if such use is prohibited by the jurisdiction in which the minor resides. If you become aware of a minor who is using our Site or Service in violation of this rule, please contact us immediately with full details at email@example.com, including information sufficient to identify the User and explain why you believe the User is under the required age.
If you are a User who is subject to such a report, or we have other reason to suspect that you are below the required age, we may demand additional information from you, such as copies of government identification to establish your age and identity, and we may choose to disable your access to our Site or Service until you comply with such a demand.
13. Your California Privacy Rights
14. International Transfer
Last Modified July 16, 2012