(1) Collection and Use of Information by PLANNINGPOKER
In some areas of PLANNINGPOKER, we request or may request that you provide personal information, including your name, address, email address, telephone number credit card number, contact information, billing information and any other information from which your identity is discernable. In other areas, we collect or may collect demographic information that is not unique to you such as your ZIP code, age, preferences, gender, interests and favorites. Sometimes we collect or may collect a combination of the two types of information.
We also gather or may gather certain information about your use of PLANNINGPOKER, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring Web site addresses, but is not linked to your personal information.
(2) Our Use of Your Information
We use the information we gather on PLANNINGPOKER, whether personal, demographic, collective or technical, for the purpose of operating and improving the PLANNINGPOKER, fostering a positive user experience, and delivering the products and services that we offer.
(3) Choices Regarding the Disclosure of Personal Information to Others
We do not disclose your personal information to third parties, or your combined personal and demographic information or information about your use of PLANNINGPOKER (such as the areas you visit or the services you access), except as set forth below.
a. We disclose information to third parties if you consent to such disclosure. For example, if you indicate that you would like to receive information about the opportunities, products or services of third parties at the time you register for a PLANNINGPOKER account, we supply your contact information to third parties for the purpose of sending you email or otherwise communicating with you. We use data we have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third-party.
b. We disclose information to companies and individuals we employ to perform functions on our behalf. Examples include hosting our Web servers, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies and individuals will have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party.
c. We disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
d. We disclose and transfer information to a third party who acquires all or a substantial portion of our business or website, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event we become the subject of a bankruptcy proceeding, whether voluntary or involuntary, we or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. You will be notified of sale of all or a substantial portion of our business to a third party via email or through a prominent notice posted on the PLANNINGPOKER.
(4) Protecting your login ID and password
Always keep your PLANNINGPOKER account number and password secret. One potential way for someone to steal your login ID and password is if you bookmark any area on your Account Page. This is a concern if your browser is available to other people at work, home, or especially if you use a browser at a public Internet access point. You should not bookmark such pages and you should clear the browser cache and quit the browser completely when you are done using or surfing PLANNINGPOKER. We have also worked to protect you against such a mistake. Even if someone obtains both your login ID and password, the system is designed to restrict access to your credit card information, in the event you are a paying or premium member.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at firstname.lastname@example.org with the alternative contact information you wish to be used.
(5) IP Address and Clickstream Data
Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Internet. When you request pages from our web site, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our customers as a whole, but does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the pages you visit on this web Site; the web site you visit after this web site; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our web site. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may link this information with your Personal Information.
PLANNINGPOKER may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about our Web site usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. You may not be able to decline web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
(7) Access to and Modification of Your Information
You may review, correct, update or change your PLANNINGPOKER account information at any time through the PLANNINGPOKER website or by emailing us at email@example.com. If you receive newsletters, commercial emails or other communications from PLANNINGPOKER, but subsequently change your mind, you may opt-out by following the procedures set forth in section 11.
We may retain indefinitely all the information we gather about you in an effort to make your repeat use of PLANNINGPOKER more efficient, practical, and relevant. You can close your PLANNINGPOKER account at any time, in which event we will mark your account as closed and limit access to your information by PLANNINGPOKER personnel only, by emailing firstname.lastname@example.org. Your saved games will remain in our database and may not be permanently deleted.
(8) Security of the Personal and Game Information
When you place an order online for goods or services at PLANNINGPOKER, your credit card information is protected through the use of encryption, such as the Secure Socket Layer ("SSL") protocol. SSL makes it difficult for your credit card information to be intercepted or stolen while being transmitted. We use a third party company to process credit card transactions and store your credit card and billing information if you provide it to us.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as "phishing."
If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your web site password or credit card information) via e-mail or to a web site that does not seem to be affiliated with our web site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at email@example.com.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
(11) Opt Out
Except as necessary for PLANNINGPOKER to provide the services or information requested by you, you may opt out of having your personally identifiable information, which has been provided to PLANNINGPOKER, prospectively retained by PLANNINGPOKER.
If you do not want to receive email communications from us in the future or desire that we not retain any personally identifiable information, you may send an email to firstname.lastname@example.org and telling us that you do not want to receive email from our company and/or no longer wish to have your information retained. If you choose to no longer have your information retained, we will have to delete your PLANNINGPOKER accounts as your information is required to operate your account.
(12) Contact Information
PLANNINGPOKER is the name under which 352,Inc., a Florida corporation with its principal place of business at 817 West Peachtree St NE, Suite 201, Atlanta, GA, 30308, and certain of its affiliated companies worldwide, do business. 352, Inc. is the legal entity which determines the purposes and means of processing the information gathered at the PLANNINGPOKER.