Chartbeat Privacy Policy

Effective Date: April 12, 2011

This privacy policy (the "Privacy Policy") describes how Chartbeat Inc. ("Chartbeat", "We" or "Us") collects and uses your data. We own and operate CHARTBEAT.COM and NEWSBEAT.COM, along with web services related to those sites (collectively, the "Service").

If you have any questions or comments regarding this privacy policy or its enforcement, please contact Us at legal@chartbeat.com.

1. NOTICE - INFORMATION WE COLLECT AND USE.
   
   1. Users of Websites on which the Service are Implemented. When you visit a website on which the Service is implemented, We collect certain information regarding your use of the website, such as your IP address and browser type. Your session on the website will be tracked, but each user will remain anonymous. We gather this information for systems administration purposes, abuse prevention and to track user trends. We may also use your IP address to identify the general geographic area from which you are accessing a website on which the Service is implemented. We do not link IP addresses to any personally identifiable information.
   2. Users of Our Service. We collect and store information that registered users of Our Service ("Members") submit to Us, such as their names and e-mail addresses, to allow Us to identify users and notify them of changes or updates to the Service. If a Member elects to provide it, We also collect and store your name and phone number, which We use to assist Us in providing the Service to you. We also collect other information, such as your IP address and browser type. We use the IP addresses of Members to assist in login and other uses related to a registered user's use of the Service. Member's sessions on Our sites are also tracked for systems administration purposes and to track user trends. We may link IP address and other information to a Member's account.
   3. Traffic Data. As part of the Service, We collect information relating to traffic on the websites ("Traffic Data") on which you choose to activate the Service.
   4. Header Information. We collect and use browser header information to help Us understand from which websites a user navigates to a website on which the Service is implemented.
   5. Cookies. Like many other websites, We use a standard technology called "cookies." Cookies are small pieces of information stored on your hard drive. They can help make the Internet experience quicker and more convenient. Cookies allow users to login without entering their user ID and password each time they use the Service. We also use cookies on third party websites on which the Service are implemented; such cookies help Us understand how users interact with those websites. Cookies also allow Us to improve the Service. If you disable cookies, you will not be able to use the Service. We may also use cookies in connection with third party services to run analytics on Our websites; such cookies do not collect or use any personal information about users.
2. DATA INTEGRITY - HOW WE USE YOUR INFORMATION. We generally use the information We collect from you to create a secure and personalized Service for Our Members.
   
   1. IP Addresses. We gather this information for systems administration purposes, abuse prevention and to track user trends. We may also use your IP address to identify the general geographic area from which you are accessing a website on which the Service is implemented. We do not link IP addresses to any personally identifiable information.
   2. Header Information. Header information is used to determine which websites originated traffic into websites implementing the Service.
   3. Traffic Data. Traffic Data is used to provide Members with real-time analytics and uptime monitoring. We may aggregate and anonymize Traffic Data with that from other sites to provide benchmarking data and other functionality, but no identifiable Traffic Data will be disclosed at any time without your express prior consent.
   4. User ID and Password Information. For Members, We collect user ID and password information to enable them to log into and use the Service.
   5. Member Names and Phone Numbers. For Members, We optionally collect their names and phone numbers, which allow Us to contact them in account recovery and other scenarios.
3. ONWARD TRANSFER - DISCLOSURE OF INFORMATION TO THIRD PARTIES.
   
   1. Personal Information. We will not sell, lease or exchange your personal information to third parties without first obtaining your express consent, unless required by law or to protect your status as a Member. To the extent We do disclose your personal information to a third party to protect your status as a Member, We will notify you of that disclosure.
   2. Traffic Data. We may aggregate and anonymize your Traffic Data with that from other sites to provide benchmarking data and other functionality, but no personally identifiable Traffic Data will be disclosed at any time without your express prior consent.
   3. For sites that use the Service we use only 1 cookie called "_chartbeat2" in most cases. This is so we know if a user has visited the site before. On occasion, we will add a second cookie called "_SUPERFLY_nosample" if a site is receiving more traffic than their plan for the Service allows. These cookies are assigned to the domain using the Service and are unique to that domain. How you remove a cookie depends on the browser you are using, please refer to the documentation for your browser.
4. CHOICE
   
   1. Your Authorization Required. We will not use or share your personal information in ways incompatible with the ones described above, or other than as you have explicitly authorized, without providing you a choice. If at any time We would like to disclose your personal information to a third party in a manner not described above, We will provide you with an affirmative or explicit (opt in) choice. Personal information will not be used to directly market the Service unless that possible use of the information has been disclosed and a choice provided.
   2. Email Opt-Out. Members may choose not to receive email notifications at their registered email addresses. To opt out of the announcements, follow the instructions at the bottom of the e-mail.
5. ACCESS.
   
   1. Access. Through your Member account, We will provide you access to personally identifiable information about you that We store in a manner that is identifiable as your personal information. Note, however, that for non-Members, We don't retain IP addresses, browser information or header information for more than a temporary period of time in order to provide the Service, and as such, that information cannot be accessed or modified. We will allow you to correct, amend or delete personal information of yours that We retain where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of other persons would be violated.
   2. Deletion. Members who leave the Service may choose to have their personal information deleted by contacting legal@chartbeat.com.
6. LINKS TO THIRD PARTY WEBSITES.
   Our websites may contain links to third party websites. Please be aware that We are not responsible for the privacy practices of third party websites you choose to visit. If you provide any information directly to parties other than Us, different rules may apply to the use or disclosure of that information. We encourage you to investigate and ask questions before disclosing your personal information to third parties.


7. THIRD PARTY ADVERTISERS.
   We may choose to deploy advertising on the Service that is delivered to users through a third party's advertising server. Information about users' visits to Our websites, such as the number of times a user has viewed an ad (but no personally identifiable information), would be used in such a scenario to serve ads to users on Our websites.


8. VOLUNTARY PUBLIC DISCLOSURE OF PERSONAL INFORMATION. Please be aware that whenever Members voluntarily disclose personal information online - e.g., on message boards, in chat areas, in file uploads, through events, etc. - that information becomes public and can be collected and used by others; We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly-disclosed personal information. By posting personal information online in public forums, Members may receive unsolicited messages from other parties.


9. PRIVACY PROTECTION FOR CHILDREN.
   In compliance with the Children's Online Privacy Protection Act (COPPA), We will not knowingly provide access to the Service to persons under the age of thirteen (13). If We later learn that any user is under the age of thirteen (13), We will take appropriate steps to remove that user's information from the database and We will restrict that individual from future access to the Service.


10. SECURITY.
    We have implemented security measures to protect user information from loss, misuse and alteration. We use industry-standard practices such as encrypted storage, firewalls and password protection systems to safeguard the confidentiality of your personal information. Each of Our employees is aware of Our security policies, and your information is only available to those employees who need it to perform their jobs.


11. CONSENT.
    This Privacy Policy is a part of Our Terms of Use. By using the Service, users agree to be bound by the Terms of Use and this Privacy Policy. Some terms may be defined in the Terms of Use. This Privacy Policy only addresses activities originating from Our servers.


12. NOTIFICATION OF CHANGES.
    If We change this Privacy Policy and seek to use your personal information in a manner different from that stated at the time of collection, you will be notified via e-mail or otherwise in some manner through the Service. In addition, if We make any material changes in Our privacy practices that do not affect personal information already stored by Us, We will post a notice on Our websites notifying users of the change. In some cases where We post such a notice, We will also e-mail users who have opted to receive communications from Us to notify them of the changes in Our privacy practices.


13. SAFE HARBOR PRIVACY STATEMENT.
    For personal information about Our customers subject to EU data protection laws that We receive from Member States of the European Union, We have committed to handling such personal information in accordance with the seven principles outlined in EU Directive 95/46/EC on the protection of personal data (the “Safe Harbor Principles”). Additional information about the Safe Harbor program is available at the U.S. Department of Commerce's website at http://www.export.gov/safeharbor.
    
    Our Safe Harbor certification can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list.
    
    We process user information in Our facilities in the United States. All user information subject to this Privacy Policy is collected in the United States, obtained through websites in the United States, or obtained in other countries and transferred to the United States. Regardless where it originated, all user information subject to this Privacy Policy receives the same level of privacy protection as described herein.
    
    
14. ENFORCEMENT.
    Complaints related to this Privacy Policy and Our compliance with it and the Safe Harbor Principles can initially be referred to legal@chartbeat.com. We also follow internal procedures for verifying that Our commitments under this Privacy Policy have been implemented, and will remedy problems arising out of a failure to comply with this Privacy Policy and the Safe Harbor Principles.
    
    We have further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Us, you may contact the BBB EU SAFE HARBOR program at the address below:
    
    Council of Better Business Bureaus, Inc.
    BBB EU SAFE HARBOR
    4200 Wilson Boulevard, Suite 800
    Arlington, VA 22203
    Phone: 703-276-0100
    Web: www.bbb.org/us/safe-harbor-complaints