Privacy Policy

Please read this Privacy Policy carefully to understand how Vidcaster, Inc., its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “Vidcaster.”) uses and protects the information you provide. This privacy policy (the “Privacy Policy”) applies to this World Wide Web site and any variations or successors to this website (vidcaster.com, the “Vidcaster Site”), any Vidcaster computer software downloadable or otherwise available from the Vidcaster Site (“Vidcaster Software”) and any Vidcaster services purchased or otherwise made available from the Vidcaster Site (“Vidcaster Services”) (collectively, the “Vidcaster Properties”). This Privacy Policy (“Privacy Policy”) applies to all Users (“Users”) of the Vidcaster Properties.

A. WHAT INFORMATION VIDCASTER COLLECTS FROM YOU

Vidcaster may collect two (2) types of information about you: Personal and Non-Personal.

1. “Personal Information.” Personal Information refers to information that lets Vidcaster know the specifics of who you are and which may be used to identify, contact or locate you (e.g. name, mailing address, telephone number and e-mail address). Vidcaster may collect Personal Information when you use the Vidcaster Properties including, without limitation, setting up account information, filling out surveys, corresponding with Vidcaster, or otherwise volunteering information about yourself.

2. “Non-Personal Information.” Non-Personal Information refers to information that, by itself, does not identify you as a specific individual (e.g. demographic information or website visitations). Vidcaster may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies described further below.

B. HOW VIDCASTER COLLECTS YOUR INFORMATION

The Personal Information practices set forth apply to all Vidcaster’s customers worldwide.

1. Registration. Prior to using one or more of the Vidcaster Properties, Vidcaster may require certain Personal Information and Non-Personal Information to create an individual account (“Account”) or to enable features or functionality of the Vidcaster Properties. Failure to provide all required information required by Vidcaster may prevent access to any or all Vidcaster Properties, and failure to maintain accurate information may result in suspension or termination of access to any or all Vidcaster Properties.

2. Information Collected Through Technology. While you are able to visit the Vidcaster Site and remain anonymous, Vidcaster or its third party service providers may still collect Non-Personal Information about your use of the Vidcaster Properties (e.g. your Internet browser, operating system, IP address, connection speed, and the domain name of your Internet service provider). Such information may be gathered by the following methods:

(a) Cookies. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer’s hard drive which work by assigning to your computer a unique number that has no meaning outside of the Vidcaster Site. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Vidcaster Properties unavailable to you.

(b) IP Address. You may visit many areas of the Vidcaster Site anonymously without the need to become a registered User. Even in such cases, Vidcaster may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin Services with an Internet services provider. Each time you access the Vidcaster Site and each time you request one of Vidcaster’s pages, the server logs your IP address.

(c) Web Beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. Vidcaster may use these technical methods in HTML e-mails that Vidcaster sends to Users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is Personal Information.

(d) Tracking Content Usage. If you use the Vidcaster Services and you post audio visual materials including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, “Content”) to your website or to a third party website, Vidcaster tracks and captures Non-Personal Information associated with User accounts and the use of Content.

C. HOW VIDCASTER USES YOUR INFORMATION

1. System Administration. Vidcaster may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with Vidcaster servers, monitoring Vidcaster’s system performance and traffic on the Vidcaster Properties and to gather broad demographic information about Vidcaster customers.

2. Personalization. Vidcaster uses Cookies and IP Addresses to track features such as delivering Content specific to your interests and informing you of new, relevant services or certain third party offerings.

3. Notices to Registered Users. If you have registered for an Account, Vidcaster may use your Personal Information to send e-mails regarding your registration, including confirmation to verify the accuracy of any information you have provided, and instructions on how to post Content. Vidcaster may also send you e-mails to verify your identity or to notify you if Vidcaster believes your use of Vidcaster Properties violates any applicable agreement for the use of the Vidcaster Properties.

4. Advertising. Vidcaster may use Non-Personal Information to assist in optimizing the delivery of advertisements to viewers of your Content.

5. Promotional E-mails. Vidcater may use your Personal Information to send you e-mails periodically listing promotions or events relating to the Vidcaster Properties or from Vidcaster marketing partners or sponsors. You have the choice to opt-out of receiving such promotional e-mails by sending an e-mail to privacy@vidcaster.com and/or following the instructions in such correspondence. Once Vidcaster’s has processed your opt-out request, Vidcaster will not send you promotional e-mails unless you opt back in to receiving such communications.

6. Contact Information. If you contact Vidcaster by telephone, e-mail or letter, Vidcaster may keep a record of your contact information and correspondence. If you report a problem with the Vidcaster Properties, Vidcaster may collect this information in a file specific to you. You may contact Vidcaster at privacy@vidcaster.com to request the removal of this information from Vidcaster’s database.

D. HOW TO ACCESS AND CHANGE YOUR PERSONAL INFORMATION

Upon request, Vidcaster shall allow Users to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests. Additionally, upon request, Vidcaster shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete a User’s entry without some residual information being retained due to the manner in which data backups are maintained. Requests to delete Personal Information shall be submitted to help@vidcaster.com.

E. DISCLOSURE OF INFORMATION TO THIRD PARTIES

Vidcaster does not sell, trade or rent Personal Information collected through the Vidcaster Properties to any third party. Notwithstanding the foregoing, Vidcaster shall: (1) fully cooperate with law enforcement agencies; and (2) may be required to disclose Personal Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation.

F. SAFEGUARDING YOUR PERSONAL INFORMATION

1. Security Measures. Vidcaster takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information. These include, but are not limited to, internal reviews of: (a) Vidcaster’s data collection; (b) storage and processing practices; (c) electronic security measures; and (d) physical security measures to guard against unauthorized access to systems where Vidcaster stores Personal Information. All Vidcaster employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution or unauthorized use or disclosure of Personal Information.

2. Third Party Links. The Vidcaster Properties may contain links to third parties who may collect Personal Information and Non-Personal Information directly from you. Additionally, Vidcaster may use third parties to provide components of the Vidcaster Properties. In either case, such third parties may have separate privacy policies and data collection practices, independent of Vidcaster. Vidcaster: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such websites; and (c) does not make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them.

G. CHANGES TO VIDCASTER’S PRIVACY POLICY

Vidcaster continually strives to implement new technologies and processes to better protect you, your privacy and your use of the Vidcaster Properties. As a result, changes to this Privacy Policy may be made by Vidcaster from time to time. In no event will these changes result in the degradation of any of the security measures designed to protect you from unauthorized disclosure, as such measures are described in this Privacy Policy.

H. SPECIAL NOTE REGARDING CHILDREN UNDER 13 YEARS OF AGE

Use of the Vidcaster Properties is not intended for minors under the age of 18 (“Minors”). Minors are not authorized by Vidcaster to use the Vidcaster Properties, even if Minors set up an Account or accept the terms of any agreement for Vidcaster Properties. Parents or guardians may authorize Minors between the ages of 13 and 17 to use the Vidcaster Properties, provided they assume all responsibility and legal liability for the conduct of such Minor including, without limitation, monitoring the Minor’s access and use of the Vidcaster Properties. Vidcaster does not intentionally collect nor maintain any personally identifiable information from Minors. If you discover your Minor child has submitted his/her information to Vidcaster you may request to have such information deleted from Vidcaster’s database by sending an e-mail request to privacy@vidcaster.com together with the e-mail address that was submitted by the Minor. Upon receiving the request, Vidcaster shall delete such information within twenty (20) business days. If Vidcaster learns that a Minor is using the Vidcaster Properties, Vidcaster will require verified parental or guardian consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

I. CONTACT VIDCASTER

If you have any questions about this Privacy Policy please contact Vidcaster by sending a letter or e-mail to:

Vidcaster

Attn: Privacy

1436 Howard St

San Francisco, CA 94103

privacy@vidcaster.com