Motionbox Privacy Policy
What This Privacy Policy Covers
This Privacy Policy pertains to the use of the Motionbox, Inc. (”Motionbox”) website at http://www.motionbox.com/ which also includes portions of the website that are co-branded or co-labeled with a third party name or brand (the “Motionbox Website” or the “Website”).
This Privacy Policy covers how Motionbox treats personal information that Motionbox collects and receives. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number.
Motionbox reserves the right to review all User Content (as defined in our Terms and Conditions) to verify quality and adherence to our Terms and Conditions. This Privacy Policy is incorporated into and is subject to our Terms and Conditions. Your use of the Website and any personal information you provide on the Website remains subject to the terms of this Privacy Policy and our Terms and Conditions. To the extent and provisions in the Privacy Policy conflict with the Terms and Conditions, the Terms and Conditions govern your use of this Website.
PLEASE NOTE THAT BY USING THE MOTIONBOX WEBSITE OR SERVICE, OR BY VISITING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR SERVICE.
Privacy Settings
Motionbox allows users to upload and display User Content on the Motionbox Website and/or on other websites using the Motionbox “Embeddable Player.” You have a choice of assigning one of two privacy settings to each User Content you post. These include:
- Private. User Content that you publish as “Private” (”Private User Content”) will be accessible to you and Motionbox personnel in connection with the operation and administration of the Website.
- Public. User Content that you publish as “Public” (”Public User Content”) will be accessible to all Motionbox users of the Motionbox Website, whether or not they are registered Motionbox users and to all partners, affiliates, agents, designees, licensors, licensees or sublicensees (collectively, “Partners”). Furthermore, any Motionbox user can publish your Public User Content on a website other than the Motionbox Website, using the Embeddable Player. In addition, Public User Content may also be available for other Motionbox users to modify, copy, download, or combine with other User Content.
You understand and agree that while Motionbox enables you to control who may access your User Content, if you opt to publish your content or otherwise distribute it to other third parties you are making your submissions available to individuals in ways Motionbox cannot and does not control. If you do choose to share your information with third parties Motionbox is not responsible for use of your data by any such third party.
Consistent with its Terms and Conditions, Motionbox and its partners shall have no liability whatsoever in connection with or arising out of your decision to publish User Content as “Shared” or “Public” including without limitation decisions you may make to change how this User Content is published. You may later decide to change the access settings to the User Content you publish, but you should be aware that there may still be copies of the content available publicly which Motionbox cannot and does not control.
Motionbox is a licensee of the TRUSTe Web Privacy Seal Program. TRUSTe is an independent, non-profit organization whose mission is to build users’ trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Web site http://www.motionbox.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions or concerns regarding this statement, you should first contact Motionbox’s Support team at support@motionbox.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.
Information Collection and How it is Used:
General Information
Motionbox collects personal information when you create your user account with Motionbox to use Motionbox Services (as defined in the Terms and Conditions) or to post content on the Motionbox Website. When you register we ask for your full name, your email address, your age and certain optional information such as your gender.
When you register and create your own account profile, Motionbox will use your personal information to operate, maintain, and provide you with the features and functionality of the Motionbox Services and Website including personalization, customization, and special offers, and to send you our regular newsletter, based on what you share with Motionbox, or what Motionbox learns about you from your use of the Website. You can opt out of receiving communication from Motionbox at any time by using either the settings feature of your account, or by utilizing the link provided in any of our email communication.
Information you share publicly online may be shared or used in ways Motionbox cannot and does not control in any way. Such information might include information you share online in message or discussion boards, emails, chat areas, within your public profile, etc. Others could collect, use, and disclose this information. Motionbox cannot guarantee the security of such information that you disclose or communicate online in public areas such as message boards, chat rooms, and within your public profile and you do so at your own risk.
While Motionbox currently does not charge fees to create an account at this time, Motionbox reserves the right at any time to charge fees for access to new Motionbox content or services or to portions (or all) of the existing Website or Service. If you would like to obtain a paid account, we will ask for your billing address, phone number, and credit card information. Consistent with this policy, Motionbox will take steps to secure this information and access the information only for matters related to payment processing. Payment information will not be shared with others unless or except in connection with processing of payments and if so, subject to strict confidentiality obligations.
Motionbox displays targeted advertisements based on personal information that is exhibited in your profile.
Usage Tracking
Motionbox automatically receives and records information on our server logs from your browser, including your IP address, cookie, and the page you request. Motionbox uses information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research, and anonymous reporting. Motionbox may correlate this information with the personal information of individual users.
IP Addresses
IP addresses may be used for various purposes, including:
- To diagnose or service technology problems reported by our users or engineers which are associated with the IP addresses controlled by a specific web company or ISP.
- To tailor advertising based on geographic area or other information derived from your IP address. Aggregate information derived from IP addresses may also be reported to advertisers.
- To estimate the total number of users visiting the Motionbox Website from specific geographical regions.
- To make sure that users are not voting for themselves or friends during contests or promotions.
Cookies
We may place a text file called a “cookie” in the browser files of your computer, or use similar technologies to enhance or personalize the Website and our relationship with you. The cookie itself does not contain personal information although it will enable us to relate your use of this Website to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites.
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.
If you reject all cookies, you will not be able to use Motionbox products or services that require you to “sign in,” and you may not be able to take full advantage of the Motionbox Service or Website.
Motionbox uses its own cookies and may use similar technologies for a number of purposes, including to:
- Access your information when you “sign in”;
- Keep track of preferences you specify while you are using Motionbox’s Service;
- Display the most appropriate advertising banners, based on your interests and activity on the Motionbox Website;
- Estimate and report our total audience size and traffic;
- Conduct research to improve Motionbox’s content and services; and
- Otherwise authenticate users and enhance, personalize, or customize your use of the Website.
Motionbox may use third-party authorized service providers under contracts with Motionbox to assist Motionbox in displaying advertising to you, and in such case may share the information in the cookie Motionbox collects with such service providers.
Email- A-Friend
If you choose to use our referral service to tell a friend about our site or to share videos, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Motionbox stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at support@motionbox.com to request that we remove this information from our database.
Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
Information Sharing and Disclosure
When you post User Content to the Motionbox Website, your Motionbox ID or alias that you are posting under is visible to other users.
If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Motionbox may share personal information about you with other people or nonaffiliated companies in the following circumstances:
- If you submit personally identifiable information to us through the Website to create your own account profile, we may share your personally identifiable information with employees, contractors, agents doing work for Motionbox or other third parties to provide you with the features and functionality of the Motionbox Website and Service and to personalize and enhance our business relationship with you.
- Motionbox may share non-personally identifiable aggregated demographic information with third parties (including Partners), such as “53% of users who regularly user Motionbox chat are between the ages of 18 and 24″ or the like.
- Motionbox may also share your personal information and/or aggregate information with our, technical consultants, third party auditors and other third parties who work with us to create or maintain the Website, enhance its functionality or provide associated services.
- There may be portions of the Website, from time to time, that are co-branded or co-labeled with the brand or name belonging to one of Motionbox’s Partners. Although Motionbox will own any non-personally identifiable and personally identifiable information collected about you from one of these co-branded areas, such information may be shared by Motionbox with that Partner.
- Motionbox may share personal information about Website users with third parties if doing so is appropriate to carry out a user’s request, render its services or, if it reasonably believes that doing so is legally required or is in Motionbox’s interest to protect its property or other legal rights or the rights or property of others.
- If Motionbox should ever file for bankruptcy or have its assets sold to or merge with another entity, information Motionbox receives from you from this Website is a Motionbox asset and may be transferred.
Third Party Advertisers
Motionbox may work with and allow other companies (like Google), third-party ad servers or ad networks to serve advertisements within the Motionbox Website. These third-party ad servers or ad networks use technology to send the advertisements and links that appear on the Website directly to your web browser. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and deliver the most relevant ads to you. Motionbox does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out and even then will take steps to ensure respect for the confidentiality of this information. However, please note that if an advertiser asks Motionbox to show an advertisement to a certain audience (for example, women ages 18-34) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. You should consult the respective privacy policies of these third-party ad servers or ad networks.
Please visit http://www.networkadvertising.org/optout_nonppii.asp to learn about the information collection practices and “opt-out” procedures of third party ad networks we may use. Other entities’ use of their cookies is subject to their own privacy policies. Motionbox’s Privacy Policy does not apply to such other advertisers or web sites.
An Important Note on Children and Privacy
Motionbox does not knowingly collect or maintain personally identifiable information from persons under 13 years of age. If Motionbox learns that such information has been collected on our Website Motionbox will take the appropriate steps to delete this information. Any person who provides their personal information to Motionbox through this Website represents that they are 13 years of age or older.
User Access
You can change your Motionbox account information at any time by accessing your account and making changes within your settings. Alternatively, you may contact our Support staff to correct or update your account information by sending an email to support@motionbox.com.
You can delete your Motionbox account at any time from your settings page; however, please note that your identification, billing and contact information may remain in Motionbox’s records for some period.
We may send you certain communications relating to the Motionbox Service, such as service announcements and administrative messages that are considered part of your Motionbox account.
Service Providers
Motionbox may use service providers for credit card transactions, fulfillment of products and goods, and shipments.
We also use the quick wizard Plaxo to import contacts from various online address books you might have in order to share video with multiple people.
Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. In certain areas, we use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If Motionbox learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. Motionbox may post a notice on our Website if a security breach occurs. If this happens, you will need a web browser enabling you to view the Website. Motionbox may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@motionbox.com.
Due to the existing regulatory environment, Motionbox cannot ensure that all of your personally identifiable information and communications will remain private and will never be disclosed in ways not otherwise described in this Policy. Therefore, although we maintain and make every effort to comply with evolving privacy standards, we do not promise, nor should you expect, that your personally identifiable information or private communications will always remain private.
Your Motionbox account information is password-protected. It is your responsibility to keep your password private. Do not share your password with anyone.
International Users
If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to:
- the use of your personal data for the uses identified above in accordance with this Privacy Policy; and
- the transfer of your personal data to the United States as indicated above.
Changes to this Privacy Policy
If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. Your continued use of this Website constitutes your agreement to this Privacy Policy and any updates.
If you have questions or suggestions please use you the help form or you can contact us at:
By mail:
Motionbox, Inc.80 Broad Street, 28th Floor
New York, NY 10004
By email
info@motionbox.comAugust 14, 2008
