Toon-FX Privacy Policy

Last Updated: June 29, 2010

Here at Toon-FX each and every one of us has at some point been hurt (beat up, given a wedgie, had a girlfriend break up with us) because someone gave out information about us that we had asked them not to. Therefore, we take privacy very seriously here.

For the record, by "us," "we," and similar terms we mean Toon-FX, Inc. and other entities owned or controlled by it. This document, which is included by reference in our Terms of Use, specifies what information of yours we collect and how we will use it. By using our web sites, services and software (meaning Toon-FX.com, and other web sites and applications owned or run by us), you are agreeing that this Privacy Policy is acceptable to you. If you have objections to the Privacy Policy, you should immediately discontinue use of the Site as well as any of our Products and Services. We reserve the right to change the Privacy Policy at any time. The last date we updated the Privacy Policy will be at the top of the page. Please regularly review our Privacy Policy to monitor changes.

Collection of Information:


We collect a variety of information from you if you use our web sites or software products. Some of this information is personally identifiable (meaning we have it and know it is your information), and some of it is non-personally identifiable (meaning we have it but do not know it is your information).

If you use our web sites and join the mailing list, you will be asked for certain personally identifiable information (your name, email address, zip code, and date of birth). If you purchase something from our web sites you will be asked to provide us with additional information (your address, phone number, credit card information, etc.) for payment processing.

There are a few situations where information may be collected without your explicit consent. Toon-FX uses such information to measure traffic patterns on our web sites and to facilitate and evaluate usage of the products and services.

We collect non-personally identifiable information using cookies, server logs, and single-pixel or transparent images in HTML-based emails. The images in the HTML-based emails allow us to track how many people open the emails we send out. In addition, we may log environmental variables, such as browser type, operating system, CPU speed, referring or exit web pages, and the Internet Protocol (IP) address of your computer.

Most of our software, when run, will automatically contact our servers to check for new versions. (This functionality may be disabled in the software preferences).

When you install our software sends our servers non-personally identifiable information confirming that the software has actually been installed will be sent to us. (We use such information in aggregate only for diagnostic and planning purposes.)

Some of our software products may automatically contact our servers to retrieve rotating interface images, including advertisements in some cases, that are displayed in the software. (No personally identifiable information is sent when this occurs.)

How We Use the Information:


We do our best to use your information only in ways that directly improve our web sites and services. We may do the following with your information:

Use it for non-marketing or administrative purposes, including but not limited to notifying you of developments relating to your transactions on the web site or to your account, requesting your feedback on our web site and services via surveys, and/or for customer services or data security-related purposes. We will not send you any commercial or marketing messages without your explicit consent. If you subscribe to our email list we will send you our email newsletter. You will always have the opportunity to unsubscribe.

Use it within our company to continually improve the quality and design of our web site and services and to develop new features, promotions, and services. We use cookies, log files and single-pixel information to: (a) remember information so that you will not have to re-enter it during your current or next visit to the web site; (b) provide you access to targeted and/or personalized content and information; (c) monitor the effectiveness of our marketing and promotional campaigns; (d) monitor and compile certain web site-related statistics including the total number of visitors, pages viewed, average time spent per page, etc.; and (e) track your participation in promotions and special programs.

Provide it to third party companies solely as necessary to process transactions relating to your purchase and/or sale of content, software or other materials and/or to maintain your accounts. We, or these parties on our behalf, may also provide information (such as name, credit card number, tax id number, etc.) to banks, other financial entities that process credit card transactions, and/or applicable governmental and tax authorities. We will NOT share any of this type of information with other, third party companies for their own commercial or marketing purposes without your consent or except as part of a specific program or feature for which you will have the ability to opt-out.

Share aggregate, non-personally identifiable information (including anonymous usage patterns, cookies, IP addresses, browser type, click rates, etc.) with third party companies that wish to learn more about usage patterns for software downloads, services, advertisements, and/or promotions associated with the web site.

Disclose any information about you without your prior consent if we have a good faith belief that such disclosure is reasonably necessary to (1) satisfy any applicable law, regulation, legal process or enforceable government request, including subpoenas from private parties in a civil action; (2) detect, prevent or otherwise address fraud, security or technical issues; (3) enforce the provisions of this Privacy Policy and/or any other agreements between you and Toon-FX, including investigation of potential violations thereof; or (4) protect against imminent harm to the rights, property or safety of Toon-FX, its visitors and/or the public.

Transfer or assign all information we have collected as part of a merger, acquisition, sale, or other change of control of our company. Please recognize and understand that in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is secured, used and/or disclosed.

How We Secure The Information:


To protect your privacy and the security of your personally identifiable information we take commercially reasonable steps, including:

Encrypting your address, credit card number, social security number and/or tax identification number once it is transmitted to us and always storing such information in an encrypted form.

Requiring a unique password, to verify your identity before granting you access to your account information, including to make corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Internally reviewing our data collection, storage and processing practices and security measures, as well as physical security measures, to guard against unauthorized access to systems where we store personal data.

We always restrict access to personal information to Toon-FX employees, contractors and agents, and other third-parties who need to know that information in order to operate, develop or improve our web site and services. These individuals or parties are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Despite all of these measures, please understand that we are a web-based service. We cannot, and do not, ensure or warrant the security of any information you provide to us; if this makes you too nervous, please do not use our web site.

Third Party Advertisers, Links to Other Sites:


This Privacy Policy does not apply to third parties who serve ads to us, and we cannot control their conduct. We will not, however, ask these third-parties for personally identifiable information about you as a way to get around this policy, nor will we provide any personally identifiable information to these third party companies without your consent. Still, when these third party companies send various advertisements and links directly to your browser, they gain access to your IP address. They may also use other technologies, including cookies, that determine whether their ads have been effective and/or to better target the ads you see. We encourage you to read these third parties' privacy policies to better understand their access to and/or use of your personal information.

Children:


None of our web sites or services are designed for children under the age of thirteen (13) and we do not knowingly collect or maintain personal information from children under the age of thirteen (13). If you are such a person, do not use our web sites or services and do not give us any of your personal information. If we find that you are using our web sites or service, we will delete your account and information and bar you from accessing the web site in the future.

International visitors:


Our web sites and services are hosted in the United States and are ultimately governed by U.S. law. If you live outside the U.S. in an area with laws or regulations governing the collection, use, and disclosure of personal data that differ from United States laws and you give us personal data as part of using our web sites and services, please understand that through your continued use of the web site, you are transferring your personal information to the United States and you consent to that transfer.

Choice/Opt-Out:


At your request directed to support@Toon-FX.com and subject to the terms of any other applicable agreements between you and Toon-FX, we will close your account and remove any personally identifiable information from your profile as soon as reasonably possible, based on your account activity, if any, and in accordance with applicable law.

In such an event, while your account information will no longer be accessible to you, we will retain all personally identifiable information reasonably necessary to meet our reporting and auditing obligations, collect any fees owed, detect and prevent fraud or other misconduct, and/or enforce our Terms of Use.

For More Information:


If you have any questions or comments about the information presented here, please contact us at privacy@Toon-FX.com.