iMatchup™ Privacy Policy, Your Privacy Rights

IMATCHUP.COM


PRIVACY POLICY



Last Updated: March 18, 2008 Please review our Terms and Conditions ("T&Cs") and any rules, which also govern your visit to our website(s). Please read the following general website Privacy Policy carefully before accessing the iMatchUp.com website (the "Site"), before opening an iMatchUp™ membership account ("Account") or using the various services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to Atrinsic (a.k.a. New Motion, Inc.) or iMatchUp.com, and its affiliates, parents and subsidiaries (individually and collectively, "we," "us," or "iMatchUp™ ").

Membership and user/visitor access to this Site is void and unauthorized where prohibited by applicable law or regulation. BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, INCLUDING AGREEING TO PARTICIPATE IN A SERVICE, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS PRIVACY POLICY; AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THIS PRIVACY POLICY. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT ALLOWED TO ACCESS/USE THE SITE OR THE SERVICES OR TO CREATE AN ACCOUNT. Further, if you do not agree with this Privacy Policy, or any of its terms, please do not provide us with your personally identifiable information ("PII"), for example, your name, address, telephone number, screen name or e-mail address.. Our business changes constantly, and our Terms and Conditions, any rules posted on the Site, as well as this Privacy Policy may change too. We may e-mail, text or in other ways provide periodic reminders of changes to our policies to you, but you should check the Site frequently to see if there are recent changes. iMatchUp™ reserves the right to revise this Privacy Policy at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed an irrevocable acceptance of any such revisions.

UNLESS STATED OTHERWISE, OUR CURRENT PRIVACY POLICY APPLIES TO ALL INFORMATION THAT WE HAVE ABOUT YOU AND YOUR ACCOUNT. The above sentence not withstanding, this Privacy Policy only applies to information collected by iMatchup.com. If you have any questions regarding this information or our privacy practices, please see the section entitled "Questions? Contact Us" at the end of this Privacy Policy.

IMPORTANT INFORMATION TO NOTE:
  • If you cancel your subscription and decide that you want to remove your personal information from this Site, you must contact us and request that such information be removed. However, please be advised that it may be impossible to permanently remove your information from the Internet as the information may continue to exist in cached pages, etc.
  • Upon submission of your phone number to this Site, you are agreeing to the Terms and Conditions of this Site, its rules and its Privacy Policy. As long as you use and/or maintain an account on this Site, you agree to be bound by the Terms and Conditions, rules and Privacy Policy.
  • Please make sure that you visit this Privacy Policy often to check for any updates or revisions. Your continued use of this Site and/or maintenance of an Account after changes or revisions have been made constitute your acceptance of such updates or revisions.
  • PLEASE NOTE THAT IF YOU WANT TO REMOVE YOUR PERSONAL INFORMATION FROM THE SITE PRIOR TO THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD, YOU WILL NEED TO ACCESS YOUR ON LINE ACCOUNT INFORMATION ON THE SITE AND MANUALLY CHOOSE TO "HIDE PROFILE" OR MAKE YOUR PROFILE INACTIVE.


1. Description of Services:

iMatchUp™ provides a variety of online services which enables singles to communicate with other individuals of their choice both online and through TXT/SMS services ("Service(s)"). Services include, but are not limited to, a searchable database of members, editable profiles with pictures and videos as well as cellular or mobile web access portals. You must have a valid cell phone with a valid United States phone number, with an active data service plan, to join iMatchip.com. The above sentence not withstanding, some members may have validly joined iMatchUp.com prior to the Site's incorporation of a mobile platform where a valid cell phone number was not required.

2. What information does iMatchUp™ collect?

We collect certain types of information and ask for personal information in certain circumstances, such as when you set up an account, or when it is necessary to participate, for example, in a survey or other activity. The following sections describe what type of information we collect, when we collect it and how we use it.

3. Information you give us

We receive and store any information you enter on our Site or give us in any other way, including, but not limited to e-mail, mail or via text/SMS message. For example, you provide information when you register to use our Services, search the database of members, provide information in your online account, communicate with us by phone, e-mail, SMS/MMS or otherwise, complete any questionnaire or entry form, send us your stories and announcements and employ any of our notification services. This list is not all inclusive of all manners in which you may provide information to us; however, all information that you submit to us is governed by this Privacy Policy, the T&Cs and any other rules. In order to use certain functionalities of iMatchUp™, you will have to create a user account (become a "Member") which either requires you to or provides you with the option of submitting certain personal information. Such PII may include: your name, telephone number, mobile telephone number, e-mail address and home address. In addition, you may provide such PII as gender, age, ethnic background, appearance, religion, income range, occupation, personal photograph, preference/lifestyle information and general geographic location. When setting up an account, you will be asked for your mobile phone number. Upon registering an account, you may be required to select a user name and password, or other identifier. Your user name and password (or other identifier) will be used so you can securely access and maintain your account, or at times, if any, securely participate, for example, in a promotion or activity. In addition, we may collect information associated with your usage, participation and submissions to our Site and features. We might collect any and all information associated with your practices, including, but not limited to, your searches of the members' database. Further, any e-mails or text messages sent to users by iMatchUp™ may contain codes that enable iMatchUp™'s databases to track user usage of the e-mails and texts, including whether the e-mail was opened and/or what links, if any, contained within the e-mail or text message, were clicked by the user.

4. Automatic Information

In the process of operating our Site and interacting with you, we may now or in the future automatically collect and analyze a variety of information. This information may include, but is not limited to: the internet protocol (IP) address of the computer you are using, login, e-mail address, password, computer and connection setting, browser plug-in types and versions, operating system and platform, purchase and participation history, products you viewed or searched for and the ways you used to contact us. We also may use browser data such as cookies, web beacons or software tools to measure and collect session information. Cookies are small bits of electronic information that a web site can transfer to a visitor's hard drive to help tailor and keep records of his or her visit to the site. The use of cookies is standard on the Internet and many web sites use them. Cookies allow web site operators to better customize site visits to the visitor's individual preferences. For example, by setting a cookie you may not have to log in using a user name or password more than once, thereby saving you time. We currently save user name and password information in cookies; however, iMatchUp reserves the right to broaden and increase the type of information collected by these cookies. Although most Web browsers automatically accept cookies, you can usually change your browser settings to prevent that or to notify you when you are sent a cookie. Even without accepting a cookie, you can still access iMatchUp™. However, you then may not to able to participate in activities that require cookies for participation. For instance, you may still have to re-enter your user name and password each time you visit the Site to access your account if you disable the cookie, We also may use Google analytics for traffic analysis purposes.

5. Information from Other Sources

We may receive information associated with your account from other sources, including cell phone carriers and billing aggregators. iMatchUp™ may also allow third-parties to advertise on or link to our site(s). You can find out more about the information collection and use practices of these other parties by examining their associated policies. Once you leave our site, we no longer accept any responsibility for information collected or maintained by third parties. Therefore, please be aware of when you leave our site.

7. Customer Service

We provide customer service support through e-mail (at support@imatchup.com.) or TXT/SMS services. In order to provide customer support, we may ask for your e-mail address, user name and password or mobile phone number. We only use information received from customer support requests, including e-mail addresses, mobile phone numbers and user names, for customer support services and we do not transfer or share this information with any third parties, except third parties who may help us administer such customer support, if any.

8. How do we use the information you provide us?

As stated above, we use your personal information such as your name, address, and mailing address to administer the Services. We may use your mobile phone account for billing purposes when we charge you (and you have agreed to be charged) for any subscriptions or purchases you may make. We also will use your e-mail address, mobile phone number and user name and/or password to send you updates and messages about Services in which you have chosen to participate, or about future programs, activities, offers, promotions, and site news in which we think you would have an interest, or to contact you when we provide customer support. In addition, we may also use your e-mail address to send you information on updates to the iMatchUp™ Services or features which we may make available from time to time. To opt out of receiving these e-mails, please see the section below titled "How do you opt out?" However, you should be aware that if you opt out of receiving e-mails or TXT/SMS messages concerning updates, you may no longer be able to effectively participate in our Services. As noted, we may collect information such as: your gender; age; ethnic background; appearance; religion; income range; occupation; personal photograph; preference/lifestyle information and general geographic location. Such information may be posted to iMatchUp™ and may enable both you and other Members and/or Users to effectively search through our database of members and connect with other Members and/or Users. We may also provide information about our visitors and Members and/or Users to outside parties from time to time. For further details, please see the section below titled, "Does iMatchUp™ disclose the information it collects to outside parties?" We may use the information we collect to tailor your experience with the iMatchUp™ Services by displaying content according to your interests and preferences, thus providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary. We may use the information we collect to provide current and future customers with new products and Services. In efforts to provide better, more tailored and higher valued Services, we may market to customers existing, new or upgraded offerings, products and services.

Finally, please note that for Members/Users who signed up with iMatchup.com when credit cards were accepted on this website, your credit card information may be subject to verification by the issuing credit card company or other company. Unless you give us permission at the time such information is collected, this information will not be used for any purpose except for the fulfillment, and record keeping of the transaction. Credit cards are no longer acceptable forms of payment for new Members and/or Users.

9. How does iMatchUp protect customer information?

We implement a variety of security measures to ensure the security of your personal information on our systems. User personal information is contained behind secured networks and is only accessible by a limited number of our employees who have special access rights to such systems.

Third parties may unlawfully attempt to intercept or access transmissions or private communications and other Members and/or Users may abuse or misuse your personal information that they collect from the Site. Although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer and do not share your password with anyone. If you have reason to believe that someone other than you has gained access to your password, please immediately change your password and then notify us at support@iMatchup.com I10. Does iMatchUp™ disclose the information it collects from its visitors to outside parties? Payment through our Site, if offered, may require disclosure of your PII, your credit card and mobile phone number. The credit card information may be subject to verification by the issuing credit card company or other company. Unless you give us permission at the time we collect such information, however, this information will not be used for any purpose except the fulfillment, and record keeping of the transaction. Should you respond to a particular offer from our business partners or advertisers that may be offered on our Site, we may also use your PII to provide a report to our advertisers or business partners that tells them who responded to a particular offer. Further if you accept an offer contained in, for example, an email, we may provide the advertiser or business partner with the PII necessary to fulfill that offer to you. Your PII may be shared with those persons or entities that administer our Site. Your PII may be shared with billing aggregators or mobile telephone service providers for billing purposes. Your PII will only be shared with administrators, business partners or advertisers for a particular purpose and they will not knowingly be permitted to use it for any unauthorized purposes. Your PII may be shared with other companies and web sites we own or who operate on our behalf. Except as stated above, iMatchUp™ does not currently sell, trade, or otherwise transfer outside the company personally identifiable information that Members and/or Users voluntarily provide in any account registration or maintenance. This information is used to better understand how Members and/or Users use the site, to support related transactions made on the site and to better know our visitors and possibly tailor any specific features, promotions, or other notifications to them. However, information may be provided to other parties for marketing, advertising, or other uses in an aggregate form, without any personally identifiable information. Should you change your mind about the information you have provided to us, should you no longer wish to receive information from us or should your information change, we have provided a way for you to correct, update or remove the personal data you gave us. For further details please see the section below titled "How do you change the information we have for you?" In the event iMatchUp™ goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, Members' and/or Users' information will, in most instances, be part of the assets transferred. Notwithstanding any other term of this privacy statement, we may release any personal information we obtain or collect when we believe its release is appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety.

11. Individuals under 13 years of age

AS STATED ABOVE, USE OR ACCESS OF THIS SITE, IN ANY FORM OR FASHION, BY ANYONE UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.

Further, pursuant to the provisions of the 1998 Federal Children's Online Privacy Protection Act ("COPPA"), our policy is to refuse individuals under the age of 13 years of age to submit information to the site or to use the iMatchUp™ Services. We therefore do not knowingly collect personal information from individuals under the age of 13 years of age.

12. How do you opt out?

In order to opt out of receiving e-mail notifications and updates, please access your online account area on the site and select the appropriate option or contact us at support@imatchup.com.

13. How do you change the information we have for you?

To update, modify or delete the information that we have on file for your account, please access your online account area on the site and select the appropriate option or contact us at support@imatchup.com. We will comply with your requests as reasonably as we can. Please note that we require some personal information for billing purposes. If you wish to delete your name, mobile telephone number, e-mail address or mailing address you may be required to terminate your account. However, please note, that while you may remove your PII from the site at any time, you acknowledge that we may retain archived or cached copies of your PII.

14. Third party links and co-brand relationships

In an attempt to provide increased value to our visitors, we may choose various third party web sites to link to, and/or frame within the Site. We also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors and Members and/or Users. However, even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. We encourage you to read the policies of these third party web sites.

Data collected by our co-brand partners or third party web sites (even if offered on or through our Site) may not be received by us. As such, we have no responsibility or liability for the independent policies or actions of third parties, and are not responsible for the privacy practices or the content of any such web sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of the iMatchUp™ Services and the links placed upon each of them and therefore request any feedback on not only the iMatchUp™ Services, but for sites we link to as well (including if a specific link does not work).

Further, any linking with any other web site is neither an endorsement of that site nor any of the products or services which may be offered on that site.

15. Surveys

From time-to-time, we may request information from users via surveys. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose the information requested in a survey. Information requested may include contact information (such as your e-mail address), and demographic information (such as interests or age level). Survey information may be used for purposes of monitoring or improving the use and satisfaction of the iMatchUp™ Services. We may also use information from these surveys to better distribute, market and provide products and services to new and existing users.

16. California Privacy Rights

California Civil Code Section 1798.83, permits our Web site users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. Should you be a California resident and would like to make such a request, please submit your request in writing (or via e-mail at support@iMatchup.com) to: iMatchUp, c/o Atrinsic, 42 Corporate Park #250 Irvine, CA. 92606.

17. Notification of changes

By visiting iMatchUp.com or using the Services, you consent to the collection and use of information by us as set forth in this privacy statement. If we decide to change our privacy statement, we will post those changes within this page so our Members and/or Users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Be sure to review our privacy policies and other rules, such as the T&Cs, regularly so that you will be aware of any changes to them. Please remember that your continued use of this Site and/or maintenance of an Account after changes or revisions have been made constitute your acceptance of such updates or revisions.

18. Questions?

If you have any questions about our privacy practices or your dealings with the iMatchUp™ Services, please do not hesitate to contact us:

iMatchUp
c/o Atrinsic
42 Corporate Park, Suite 250,
Irvine, CA 92606.
By email: support@imatchup.com
By phone: (800) 387-0290