Privacy Policy

Freakatars, Inc. (Freakatars) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting the www.Freakatars.com website and domain name, or otherwise accessing any other linked pages, features, content, products or application services offered from time to time by Freakatars in connection therewith (collectively, the Site), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers Freakatars's treatment of personally identifiable information (Personal Information) that Freakatars gathers when you access the Site and when you use Freakatars's services. This policy does not apply to the practices of companies that Freakatars does not own or control, or to individuals that Freakatars does not employ or manage. THE TREATMENT OF INFORMATION COLLECTED FROM CHILDREN UNDER THE AGE OF 13 (CHILDREN, OR CHILD) IS SUBJECT TO SPECIAL TERMS WHICH ARE SET FORTH LATER IN THIS PRIVACY POLICY.

What Personal Information Does Freakatars Collect?

The information we gather from customers enables us to personalize and improve our services. We collect the following types of information from our customers:

Personal Information You Provide to Us:

We may receive and store any information you enter on our website or provide to us in any other way. The types of Personal Information collected may include your full name, email address, mobile phone number, credit card and/or other payment information, IP address, browser information, username, password, time zone and any other information necessary for us to provide our services. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide may be used for such purposes as responding to your requests for certain products and services, customizing the advertising and content you see and communicating with you about specials, sales offers and new products.

  • Registration: In order for you to use our website, you must complete a registration form. As part of this registration form, we require your first name and, if you are 13 years of age or older, your email address.
  • Ordering: To process your order for products and services, we require contact information (such as billing address) and credit card information. This information is used for billing purposes and to fill your orders.

Personal Information Collected Automatically:

  • We receive and store certain types of information whenever you interact with our Site or use our services. Freakatars automatically receives and records information on our server logs from your browser including your IP address, cookie information and the page you requested.
  • Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show. Freakatars only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Site or services so that we can make the Site appealing to as many customers as possible and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Site or services. We share this type of statistical data so that our partners also understand how often people use the Site or services, so that they, too, may provide you with an optimal online experience. Again, Freakatars never discloses aggregate information to a partner in a manner that would identify you personally.

E-mail Communications:

We often receive a confirmation when you open an email from Freakatars if your computer supports this type of program. Freakatars uses this confirmation to help make emails more interesting and helpful. We also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. When you receive e-mail from Freakatars, you can opt out of receiving further e-mails by emailing us at: support@freakatars.com

What About Cookies?

  • Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. We use cookies to enhance visitors' experiences, to learn more about their use of the Site and to improve quality.
  • Most browsers have an option for turning off the cookie feature. which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on the acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Site's most attractive features.
  • Ads appearing on the Site may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Freakatars and does not cover the use of cookies by any advertisers.

Will Freakatars Share Any of the Personal Information it Receives?

Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.

Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Site. In other situations, Freakatars may provide services or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Freakatars's agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

Communication in response to User Information: As part of the Site and services, you will receive from Freakatars email and other communication relating to your User Information. You acknowledge and agree that by posting such User Information, Freakatars may send you email and other communication that it determines in its sole discretion relate to your User Information.

Promotional Offers: We may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send an email with your request to us at: support@freakatars.com.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Freakatars, or substantially all of its assets were acquired, or in the unlikely event that Freakatars goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Freakatars may continue to use your Personal Information as set forth in this policy.

Protection of Freakatars and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property or safety of Freakatars, our employees, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

INFORMATION PRACTICES WITH RESPECT TO CHILDREN UNDER THE AGE OF 13

The Site is a Children's Online Privacy Protection Act ("COPPA") compliant website and there is nothing more important to us than the safety and well being of our users. COPPA requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Web sites. THIS SECTION APPLIES NOT WITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS PRIVACY POLICY.

What types of information do we collect about children? Children can surf the Site and view content without any personal information being collected. We do not collect personal information from children unless they register on the Site. Typically, children will register in order to create their own Freakatars (creature avatars). The only information we collect from children during our registration process is a child's first name, parent's e-mail address, child's birth date, sex, member name, and password. We collect birth dates to validate the ages of our guests, including children. We do not collect any other personally identifiable information from children during our registration process. We may also will collect a child's e-mail address from a parent for the purpose of sending the child e-mail related to a Site subscription. Please note that all sites that are directed to children under 13 are prohibited by law from conditioning a child's participation in an online activity on the child's providing more personal information than is reasonably necessary. We may collect personal information from parents in order to allow children to participate in certain features or to order merchandise.

How do we use and share the personally identifiable information that we have collected about children? If a child registers for a sweepstakes or contest, we use the parent's e-mail address to notify the parent of the kid's registration request (as described below). To personalize communications to a child regarding a specific product (such as Freakatars Collector Cards), we may use the kid's first name combined with the parent's last name and a mailing address provided by the parent when signing up for that specific product. We may collect a child's e-mail address provided by the parent in order to send the child a newsletter. The Business Transfers and Agents exception set forth above (in the preceding section) also apply.

Exceptions. We may collect a child's name and online contact information for the sole purpose of protecting the security or integrity of the Site, to take precautions against liability, to respond to judicial process, or to provide information to law enforcement agencies or for an investigation on a matter related to public safety.

How do we notify and obtain consent from parents for the collection of information from their child? We send parents an e-mail when their child registers and enters a sweepstakes or contest and we provide parents 48 hours to refuse their kid's registration and entry in the sweepstakes or contest. If the parent refuses to allow the kid's registration and entry, we delete the kid's information from our database. If we don't hear back from the parent, we assume it is acceptable for the kid to be registered and entered in the sweepstakes or contest. Once a parent permits a kid to register, the kid will be able to enter future registration-based sweepstakes or contests without any further notification to the parent. If a kid wins a sweepstakes or contest, we notify the parent at the parent's e-mail address provided to us during the registration process and request that the parent provide their postal address for purposes of delivering the prize. We may publish a winner's first name, first initial of last name, city, and state of residence on our Web site.

We may add additional communication features in the future. Before allowing a kid to use these features, we will send an e-mail to the kid's parent requesting the parent's affirmative consent to the kid's participation. If the parent responds by e-mail and gives such consent, we then follow that communication with an e-mail confirmation to the parent and allow the kid to participate in the activity.

Before allowing a kid to use a feature of our Web site that might result in the public disclosure of the kid's information to third parties on the Internet, such as posting on open message boards, we require a high level of verification to confirm that the parent has given permission for the kid's participation in such features. For example, we may require a parent to provide us credit card information, speak to a trained telephone operator or return by postal mail or fax a signed consent form.

How can parents access, change or delete personally identifiable information about their child? At any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our records. We use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their child.

  1. A parent can revoke their child's Site account by emailing us at support@freakatars.com
  2. A parent can contact our customer service department to access, change, or delete the personal information that we have collected from his or her kid by sending an e-mail to support@Freakatars.com. Please include the child's user name and the parent's e-mail address in the e-mail so that we can better assist you with your inquiry or request.

How will Freakatars notify parents if the Privacy Policy changes? We may amend our Privacy Policy at any time. We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share their child's personal information. Please note that, at all times, parents should update their personal information to provide us current e-mail addresses.

What if I have question about the treatment of my child's information? If you have any questions or concerns about our treatment of information collected from children, please send an e-mail to: support@Freakatars.com

CONDITIONS OF USE

If you decide to visit the Freakatars website, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes and application of California state law.

THIRD PARTY WEBSITES

Freakatars services may permit you to link to other websites on the Internet, and other websites may contain links to the Websites. These other websites are not under Freakatars's control, and such links do not constitute an endorsement by Freakatars of those other websites or the services offered through them. The privacy and security practices of websites linked to or from the Freakatars websites are not covered by this Privacy Policy, and Freakatars is not responsible for the privacy or security practices or the content of such websites.

Is Personal Information About me Secure?

Your Freakatars account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Freakatars endeavors to protect user information to ensure that user account information is kept private, however, Freakatars cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information Can I Access?

Freakatars allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list will change as the Site changes.

  • Name
  • Account and user profile information
  • Credit card and/or other payment information
  • User e-mail address
  • Username and password
  • User preferences
  • Billing, shipping and return address information

What Choices Do I Have?

As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Site and services.

You are able to add or update certain information on pages, such as those listed in the What Personal Information Can I Access section above. When you update information, however, we often maintain a copy of the unrevised information in our records.

You may request deletion of your Freakatars account by sending an e-mail to support@freakatars.com. Please note that some information may remain in our records after deletion of your account.

Changes to this Privacy Policy

Freakatars may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Site after such changes have been first posted.

Questions or Concerns

If you have any questions or concerns regarding privacy on our Site, please send us a detailed message at support@freakatars.com. We will make every effort to resolve your concerns.


Effective Date: December 1, 2008
Freakatars, Inc.
1106 Second Street
Encinitas, CA 92024