PRIVACY POLICY

Last Updated: June 10, 2010

Mindspark Interactive Network, Inc. ("Mindspark"), respects the privacy of users of our Retrogamer products including the www.retrogamer.com website ("Retrogamer Site"), any applications created by Mindspark and available through social networking sites ("SNS Apps"); any related software running on Mindspark servers and Retrogamer related services (collectively "Retrogamer Services"), and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. These privacy policies (the "Privacy Policy") are intended to describe for you, as an individual who is a user of the Retrogamer Services. the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.

We encourage you to read this Privacy Policy carefully when using the Retrogamer Services.. By using any of the Retrogamer Services, you are accepting the practices described in this Privacy Policy. Mindspark Interactive Network, Inc. is a part of the IAC family of businesses (www.iac.com), which includes Ask.com, iWon.com, Girlsense.com, Life123.com, Citysearch, Vimeo.com, Evite, Match.com, ServiceMagic, Gifts.com, Pronto, Shoebuy, College Humor, and many others.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

The Retrogamer Site and related SNS Apps are governed by Terms of Service which are available here; access to the Retrogamer Site and SNS Apps is conditioned on the download and continued installation of the Retrogamer/MyWebSearch downloadable toolbar application (the "Toolbar"), which is governed by the End User License Agreement and Privacy Policy available here. The information collection practices on the Retrogamer Site and SNS Apps are governed by this Privacy Policy.

INFORMATION WE COLLECT ABOUT YOU

In General. The Retrogamer Services do not require registration. However, you may be required to register to use certain aspects of the features available on or via the Retrogamer Site, SNS Apps or Toolbar. Except as provided for in the relevant privacy policy(ies), we do not collect any personally identifiable information (such as names or email addresses) about you, unless you specifically decide to provide such information (such as by emailing a help request to us or registering for those features requiring or enabling registration). The Retrogamer Services may collect the following information:

  • Information collected automatically. We automatically collect information from your browser when you visit the Retrogamer Site or SNS App. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
  • Cookies. When you visit the Retrogamer Site or SNS Apps, we may assign your computer one or more cookies, to facilitate access to our site(s) and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site(s), such as the web pages you visit, the links you click, and the searches you conduct on our site(s). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to use some of the features offered on or via certain Retrogamer Services.
  • Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Retrogamer Site or SNS Apps. The information we obtain in this manner enables us to customize the services we offer our Retrogamer Services users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
  • Information collected by iWon and the FunWebProducts. By visiting the Retrogamer Site or SNS Apps and using the Toolbar, you may have the ability to access to iWon.com and certain other features. The information collection, information sharing, and overall privacy practices of iWon are set forth in a separate privacy policy located at http://www.iwon.com/modules/pages/support/privacypolicy.jhtml. The privacy practices of the Mindspark Homepage are set forth here; and the privacy practices of the other FunWebProducts websites associated with the Toolbar are set forth here.
  • Information collected by Partners. By visiting the Retrogamer Site or SNS Apps and using the Toolbar, you may have the ability to access certain sites or features provided by one or more of our third party partners. The privacy practices relating to any such partners may be found on their respective websites. We strongly recommend you take the time to familiarize yourself with these practices prior to using the relevant site or feature
  • Information collected by other third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies and ad networks, to display advertisements or place ad tags or beacons on our site. These companies may use tracking technologies, such as cookies [LINK TO "COOKIES" PORTION OF GLOSSARY], to collect information about users who view or interact with their advertisements. Unless expressly stated otherwise, the Retrogamer Services do not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
  • Social networking sites. Some Retrogamer related software is served through SNS Apps. We may be able to collect information from social networking sites on which you have used SNS Apps (in accordance with the terms of use of those sites). When you use an SNS App on your social networking page or someone else's page, we may record information relating to your use of that SNS App. and we may collect information that is visible to the public from your page, in accordance with the relevant terms of use of the site. It is your responsibility to read and understand the terms of use and privacy policy for any social networking site you choose to use.
HOW WE USE THE INFORMATION WE COLLECT

In General. We may use information that we collect about you to:
  • deliver the products and services that you have requested;
  • manage your account and provide you with customer support;
  • perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
  • develop and display content and advertising tailored to your interests on our site and other sites;
  • enforce our terms and conditions;
  • manage our business and
  • perform functions as otherwise described to you at the time of collection.


Please review "YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION" below.

WITH WHOM WE SHARE YOUR INFORMATION

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Retrogamer Site, SNS Apps and the associated Toolbar.

Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
  • Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, providing email or electronic message delivery, and supporting contests, sweepstakes, surveys and other features offered through our Retrogamer Services. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
  • Business partners: When you use the Retrogamer Services, we may share personal information with the businesses with which we partner to offer you those products and/or services. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
  • Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies.
  • Other Situations. We also may disclose your information:
  • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website terms and conditions or other agreements or policies.
  • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.


Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Retrogamer Site, SNS Apps and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

THIRD-PARTY WEBSITES

To use certain of the Retrogamer Services, you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on a news link or advertisement, you may be taken to a website that we do not control. Or, you may access an SNS App that is hosted by third party website. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.

YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION

HOW WE PROTECT YOUR PERSONAL INFORMATION

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your information from unauthorized access and disclosure. For example, only authorized employees are permitted to access your information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of any personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.

We want you to feel confident using our Retrogamer Services. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

CHILDREN'S PRIVACY

The Retrogamer Site and SNS Apps are accessible to the general public, and we do not knowingly solicit or collect personal information from children under the age of 13. If you believe we might have collected information from or about a child under the age of 13, please contact us at privacy[at]mindspark.com.

VISITING OUR WEBSITES FROM OUTSIDE THE UNITED STATES

This Privacy Policy is intended to cover collection of information via the Retrogamer Service from residents of the United States. If you are using the Retrogamer Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

NO RIGHTS OF THIRD PARTIES

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

CHANGES TO THIS PRIVACY POLICY

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "Last Updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending an email to the email address you most recently provided us in your account, profile or registration (unless we do not have such an email address), and/or by prominently posting notice of the changes on the Retrogamer Site. We recommend that you check our Retrogamer Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

HOW TO CONTACT US

If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by email or postal mail as follows:

         Mindspark Interactive Network, Inc.
         One North Lexington, 9th Floor
         White Plains, NY, 10601
         ATTN: Privacy Officer/Legal Dept.
         privacy[at]mindspark.com

END OF DOCUMENT.

� 2010 Mindspark Interactive Network, Inc. All rights reserved.

 
 
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