Policies

DAVIDPOMERANZ.COM PRIVACY POLICY
Effective Date: August 1st, 2013.

Upward Spiral Entertainment, Inc., LLC (“Upward Spiral”) is the owner and operator of http://www.davidpomeranz.com (“Site”). In this Privacy Policy (the “Policy”) we describe the collection, use, and disclosure of the personal information that we collect about you. Please read this Policy carefully before using the Site. If you do not agree with any of the terms of this Policy, please do not use the Site. By using the Site you agree with all of the terms of this Policy.

Scope of Policy

This Privacy Policy applies to information that Upward Spiral collects and maintains about you when you visit the Site, when you purchase products through the Site, when you request information from us, or when you otherwise provide information to us.

The Types of Information We Collect

We may collect information about you from a variety of sources, including information we collect from you directly when you make a purchase at the Site, when you complete a registration form or sign up to receive newsletters and other promotional communications from us, and when you communicate directly with us, such as by phone or email; information we collect about you when you visit our Site or view our online advertisements; and information we collect about you from other sources, such as third party partners and affiliates (where permitted by law).

Information We Collect Directly From You, Information We Collect When You Register with Us, Make a Purchase, or Initiate Contact with Us

You are permitted to view our Site anonymously. If you would like to join our mailing list, join the Fan Club, or make a purchase, we will request information from you. Specifically, you may join our mailing list simply by giving us your email address. You may log into our Site and notify your friends about our Site through various social networking sites, as discussed below. If you would like to join the Fan Club, which will enable you to receive certain offers available only to the club, then we will request that you create an account with us. To create an account, we will ask you to create a user ID and password and we also may require you to provide the following information: your name, email address, and contact information.

When you make a purchase from us or request information from us, we also will collect information from you. This information may include, as applicable, purchase information, such as your name, email address, phone number, shipping address, credit card information, and the password and user ID that you create to log into our site. We also will collect information about the details of your request.

Information We Collect About You from Other Sources, Such as Social Networking Sites 

We also may obtain and collect information about you when you log into our Site through third party social networking websites. Users may log into our Site using their log in credentials from various third party social network websites, which may change from time to time, including, without limitation, Facebook Connect, Yahoo, Google, Twitter, Windows Live ID, Linkedin, Aol., Live Journal, WordPress, Blogger, and Salesforce. When you got into our Site, in accordance with the particular third party’s log in process, you will be directed to enter your user ID (often your email) and your password. We store the information that we receive from you through these social networking sites along with other information that we collect or receive from you. For information about how Facebook, Yahoo, Google, Twitter, Windows Live ID, Linkedin, Aol., Live Journal, WordPress, Blogger, or Salesforce may disclose your information, including any information that you make public, please consult the applicable site’s privacy policy. We do not have any control over how any of these sites uses or discloses the personal information that you provide to them.

Additional Information for Facebook Users

If you sign into our service through Facebook, after entering your email address and Facebook password, we will request your permission to: access your basic information, including, your name, profile picture, gender, networks, user ID, list of friends, and any other information that you have chosen to make public; send you email; access your data at any time even if you are not currently logged into Facebook; and access your profile information, including your birthday and current city. Please note, if you allow davidpomeranz.com to have access to this information, then it will have access to this information even if you have chosen not to make that information public. For information about how Facebook may disclose your information, please consult the Facebook Privacy Policy. We have no control over how Facebook uses or discloses the personal information that you provide to it. We store the information that we receive from Facebook along with other information that we collect from you or receive about you.

User Generated Content

Portions of our website permit users to submit their own content to blogs, message boards, or similar fora. Upward Spiral is not responsible for the privacy of any information that you choose to submit through a public forum, such as a blog, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Information We Collect When You Visit Our Site

We automatically collect information about you when you visit Site, such as:

  • IP address, browser type and language, date and time of visit
  • Information about the pages you view, the time spent on such pages and at our Site, the links you click, and other actions you take at the Site.
  • The domain name of the website that referred you to our Site

We may combine this Site information with personal information that you provide to us or that we otherwise collect about you.

You may always choose not to provide personal information. If you choose not to provide us with certain personal information, however, certain products and services may not be available to you. For example, you will not be able to make a purchase or place an order through our Site.

How We Use the Information We Collect

We use the information we gather, including personal information, for the following purposes:

  • To process your purchases and orders, to communicate with you concerning your orders, and for other customer service purposes
  • To respond to any inquiries you submit to us
  • To operate and improve the Site
  • For research and analysis purposes, as well as to conduct targeted marketing activities
  • To email you marketing and promotional communications
  • To tailor the content, information and recommendations that we may send or display to you and to otherwise personalize your experiences at the Site
  • To better understand how users access and use our Site and Services, both on an aggregated and individualized basis
  • As required by law

Communications From Us

We may communicate with you via phone, e-mail or direct mail about your orders and purchases, or any inquiries you submit to us. For example, we may send you transaction-related communications, such as welcome letters, billing reminders, and purchase confirmations.

Where permitted by law, we also may send you marketing communications, such as surveys or promotional communications. For example, we may send you email about products, services or other information from Upward Spiral, its affiliates or business partners that we think may interest you. If you do not wish to receive marketing communications from us, you may follow the simple unsubscribe instructions contained in each promotional e-mail that we send you.

Please keep in mind that, if you choose not to receive marketing communications, you may continue to receive transactional or account communications (e.g., order confirmations) from us.

How We Share the Personal Information We Collect

We may disclose information about users, including personal information, as necessary to provide the requested services. We also may share your information as described below:

Affiliates. We may disclose the information we collect about you to our affiliates or subsidiaries. If we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.

Service Providers. We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to assist in direct marketing, to conduct audits, etc. We also may share your information with third parties to facilitate the sign-in process through third party social networking websites.

Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company.

In Response to Legal Process. We may also disclose the information we collect from you to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

To Protect Upward Spiral and Others. We may also disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Policy.

Aggregate and Anonymized Information. We may share aggregate or anonymized information about users with third parties for marketing, advertising, research or similar purposes. For example, if we send information on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we sent the information or petition.

How We Use Cookies and Other Tracking Devices

We use cookies on our Site. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while other cookies are used to enable a faster login process or to allow us to track your activities at the Site. We also may use web beacons or other tracking devices for web tracking and monitoring purposes.

We use Google Analytics to track and analyze site usage and traffic and other statistical information about website visitors. Google Analytics uses cookies to collect information about a user’s use of the Site (including your IP address), which will be transmitted to and stored by Google on servers in the United States. Google uses this information to compile aggregate reports on Site activity for Upward Spiral.

The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Allowing cookies enabled allows you to take full advantage of some of our Site’ features and some features and Services may not function properly if cookies are disabled.

How You May Access Your Personal Information

If you would like to access your personal information for any reason or would like to review, revise or delete information that you previously provided to us, you may send us your request using the information in the “Contact Information” section below.

Security of Your Personal Information

The security and confidentiality of your personal information is extremely important to us. We have implemented commercially reasonable security measures to protect your personal information from unauthorized access and improper use. However, no data security measures can guarantee 100% security all of the time. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

Children

Our Site is not intended to be used by children under 13 years old. We do not knowingly collect personally identifiable information from, or target our Site to, children under the age 13. In accordance with the Children’s Online Privacy Protection Act of 1998, if we discover that a child under 13 has provided us with personally identifiable information, we will remove it from our systems immediately.

Third-Party Links

We may link to third-party websites that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

Terms and Conditions

Your use of our Site and any dispute over privacy is subject to this Policy and our Terms and Conditionswhich are incorporated by reference into this Policy, including applicable limitations on damages and the resolution of disputes.

Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “Effective Date” at the top of the Policy. If we make material changes to Policy that affect how we use or disclose the personal information we have previously collected from you, we will notify you by prominently posting a notice of such changes here, or by sending you an email. We encourage you to review this Policy whenever you visit our Site.

Contact Information

If you have any questions about this Policy or our information practices, you may contact us through the Site or at:

Upward Spiral Entertainment, Inc., LLC
P.O. Box 1681
Clearwater, FL, 33757
USA