Privacy Policy

Effective Date: April 2013

This Axle Digital Privacy Policy (the “Privacy Policy”) describes how Axle Digital, Inc. (“Axle,” “we,” “us” or “our”) collects and uses information about you when you access and use the Axle Digital Retailer Wish List Application (the “Wish List Application”), the related mobile device software applications (the “Mobile Software”) and the Axle website at www.axledigital.com (the “Axle Website” which, together with the Retailer Wish List Application and the Mobile Software will be referred to in this Privacy Policy as the “Axle Service”). By accessing or using the Axle Service, whether directly or indirectly, you agree to accept the practices described in this Privacy Policy and will be subject to its terms. For purposes of this Privacy Policy, a “Retailer” is any client of Axle that uses the Axle Service to promote and market its retail offerings via Facebook or otherwise

We respect your privacy and value the relationship we have with you. We will only collect and use the information provided to us in connection with the Axle Service in accordance with this Privacy Policy. We will not sell or rent any information that could be used to personally identify you, such as your name, email address or mailing address, to advertisers or spammers. We will only share the information we collect from you as described in the section below entitled “How We Share Your User Information.”

If you access the Axle Service through Facebook, you will have a separate, additional account relationship with Facebook. Your use of Facebook in general and your relationship with Facebook are subject to Facebook’s own privacy policy and Facebook’s other terms and policies, which we strongly recommend that you review before you access the Axle Service through Facebook. Except with regard to information Facebook provides to us in connection with your use of the Axle Service as described in this Privacy Policy, we do not control and are not responsible for Facebook’s processing of your information.

1. Information We Collect About You

a. Information We Receive Through Facebook. The Axle Service enables you to customize, create and share your own personal wish list containing products offered from one of our Retailers. In order to create a wish list using the Axle Service, you will need to log in to a Retailer site through Facebook, and by doing so you are expressly giving us permission to access, store and use any such information that is disclosed to us by one of our Retailers with us in accordance with both the terms and conditions set forth in this Privacy Policy and consistent with your Facebook privacy settings (“Facebook Information”). For example, when you use the Axle Service, we may collect any Facebook Information you have made visible to "Everyone" on Facebook as well as the information Facebook designates as your publicly available information. This includes your:

user i.d.

name

profile link

profile photo

username

gender

locale

friend list

In addition, we may be collecting information about you from one or more of your friends on Facebook who allow access to their respective Wish Lists via the Axle Service, subject to your Facebook privacy settings. We encourage you to review, and if necessary, adjust, your Facebook privacy settings before utilizing a Retailer’s Wish List offering through Facebook.

b. Information We Collect From You Directly. We may collect information directly from you when you request customer support in connection with the Axle Service, provide us with user feedback or otherwise communicate directly with us.

c. Information We Collect When You Access the Axle Service on a Mobile Device. When you use the Mobile Software on your mobile device (i.e., mobile phones, tablets, etc.), we collect your unique device identifier, IP address and your location. In addition, to log into the Mobile Software, you must input your email address and Facebook password. Although your Facebook login information is not provided to us.

d. Information You Share through the Axle Service. We will have access to, and, depending on your Facebook privacy settings, your Facebook friends will be able to see, the products with which you have interacted through the Axle Service that is rolled out by our Retailers, as well as any items your Facebook friends have purchased for you from your wish list on the Axle Service (“Product and Purchase Information”).

e. Information That We Automatically Collect From Your Computer. We (or service providers on our behalf) may automatically collect information from your use of “cookies”. Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.

Information collected by cookies may include, without limitation:

· The date and time of your visit to the Axle Service and how frequently you use the Axle Service;

· The Internet Protocol (IP) address used to connect your computer to the Internet;

· The amount of time you spend visiting a particular page within the Axle Service; and/or

· What links you click on the Axle Service.

We may use data gathered automatically from your computer or mobile device to help us or our Retailers (i) recognize you as a previous user of the Axle Service, (ii) to serve relevant online advertising to you, or (iii) to analyze trends and statistics to improve your experience of a particular Retailer’s offerings (i.e., its Wish List application). You can set your browser to reject cookies or to notify you when you are sent a cookie; but you may be restricted from accessing the Axle Service via a Retailer’s application by doing so.

2. How We Use Your User Information

The information described above in Sections 1(a) through 1(f) constitutes your “User Information.” We will only use your User Information for the following purposes:

  • To enable you to use the Axle Service to create a Retailer’s customized wish list and to share that wish list on Facebook in accordance with your Facebook privacy settings.
  • To provide technical support and to respond to a Retailer’s and/or your inquiries in connection with the Axle Service;
  • To prevent fraud or potentially illegal activities and to enforce our Terms of Use;
  • To administer and improve the Axle Service;
  • To keep track of your activity patterns, preferences and locations to improve the level of service you receive directly or indirectly via the Axle Service; and
  • To conduct research and analysis to enable us to improve the Axle Service and develop and improve other products and services of ours and our affiliates; and

You may choose to not receive communications from us about new features or elements of the Axle Service by opting out of receiving these types of communications either by contacting us directly, by using the contact information provided below, or by “opting-out” via a link that is included in each communication (i.e., email, text message) that is sent to you.

3. How We Share Your User Information

We may share your user information in the following cases:

  • With Our Affiliates: We may share some or all of your user information with our parent company, subsidiaries and corporate affiliates, joint venturers, or other companies under common control with us to the extent permitted by Facebook in accordance with your Facebook privacy settings. We will require these entities to comply with the terms of this Privacy Policy with regard to their use of your information.
  • With Our Third-Party Service Providers: We may share your user information with our third-party service providers to the extent permitted by your Facebook privacy settings. We will only share your information with these service providers in connection with the administration of the Axle Service or to improve, update and support the Axle Service. Third party service providers are not authorized by us to use or disclose your user information except as necessary to perform services on our behalf or to comply with legal requirements, and in all cases are required to maintain and protect your information with at least the same level of protection and security as we use within the Axle Service.
  • With Retailers that Participate in the Axle Service: If you create a wish list using the Axle Service through one of our Retailers, we will be sharing product and purchase Information from such Retailer(s) that participate in the Axle Service.
  • In Connection with Promotions: We may share your User Information in order to promote the Axle Service and other products and services of ours and our affiliates, including in private and publicly available product demonstrations and in communications with social media partners, media outlets and other third parties; provided, that, we will only share your user information in such promotional efforts in aggregate form, anonymized form, or after removing you and your Facebook friends’ names, photos, videos and contact information.
  • With Your Consent: We may share your information with third parties upon receipt of your consent.
  • As Required by Law: We may disclose any user information about you that we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.
  • To Prevent Harm or Loss: We may disclose any information about you and/or any other user(s) of the Axle Service that we believe, in our sole discretion, is necessary or appropriate to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.
  • In Connection With a Sale of Our Business: We also reserve the right to transfer your user information in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use such information in a manner that is consistent with this Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred the User Information with any inquiries concerning the processing of that information.

Although we will not provide information that can be used to personally identify you to third parties for their use in marketing their products or services to you, we do not control and are not responsible for Facebook’s own use of content and information it collects in relation to the Axle Service. Accordingly, we expressly disclaim any and all representations, warranties or covenants in regards to Facebook’s use of your information.

4. How We Protect Your User Information

We maintain reasonable, industry-standard administrative, technical and physical safeguards designed to protect our users’ information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. You must understand, however, that we cannot guarantee the absolute security of your information, and that no networked system or Internet transmission is totally secure. We assume no responsibility or liability if any information relating to you is intercepted and/or used by an unintended recipient.

5. Your Privacy Rights and Choices

You may stop us from collecting your user information at any time by (i) uninstalling the Wish List Application and setting your Facebook privacy settings to prevent the Axle Service from accessing your Facebook Information, or (ii) deleting your Facebook account. Following your de-installation of the Wish List Application or deletion of your Facebook account, certain of your information may still be preserved in a non-personally identifiable form as part of aggregate historical data reports used by us.

6. Updates to This Privacy Policy

We will occasionally update this Privacy Policy to reflect changes in our practices and services. We will post any material changes to this Privacy Policy hereto with a notice advising users of the change(s) at least thirty (30) days before the effective date of the changes. You may cancel your account with one or more of our Retailers prior to the end of the applicable thirty (30) day period, but if you choose to cancel your account within this period, any information you provided to us and/or to a Retailer prior to the cancellation of your account will be subject to the terms of the Privacy Policy that were in effect at the time this information was provided to us.

7. No Use by Children.

The Axle Service is not intended for use by children under the age of thirteen (13). We will never knowingly collect information directly from children under the age of thirteen (13) without verifiable parental consent. If you are under the age of thirteen (13), please do not provide us with information of any kind whatsoever. If we become aware that a user is under the age of thirteen (13) and has submitted information to the Axle Service without verifiable parental consent, we will remove his or her information from our files. We understand that children may not fully understand all of the provisions of this Privacy Policy or make informed decisions about the choices that are made available to adult users of the Axle Service. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit.

8. Use of Information Outside of Your Country of Residence.

The Axle Service is directed to users located in the United States. If you are located outside of the United States and choose to use the Axle Service or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of information through the Axle Service represents your agreement to such transfer.

9. How to Contact Us

If you have any questions or comments about this Privacy Policy, please contact us by email at info@axledigital.com or telephone at 212.697.0013. You also may write to us at Axle Digital, Inc., 60 East 42nd St. New York, NY 10065. Attn: Legal Dept. We note that questions or comments submitted through other means, such as Wall posts, may not be received or addressed.