Privacy Policy

Bunchball, Inc. ("Bunchball" or "We") knows that you care about how your personal information is used and shared, and we take your privacy seriously.  Bunchball has created this Privacy Policy in order to communicate our commitment to your privacy. This Privacy Policy serves to notify you of the following:

What information about me is collected by Bunchball?

Where and when is information collected by Bunchball (including through the use of cookies and action tags)?

Does Bunchball collect information from children under 13 years of age?

What does Bunchball do with the information it collects?

When does Bunchball disclose information to third parties?

Does this privacy policy apply when I link to other websites?

Does this privacy policy apply to Bunchball's publishers?

Is the information collected by Bunchball secure?

What choices do I have regarding the collection, disclosure and distribution of personally identifiable information?

Can I update or correct my personally identifiable information?

How will I know if there are any changes to this privacy policy?

Who do I contact if I have any privacy questions?

If you have questions regarding this Privacy Policy, you should first contact our Privacy Agent by e-mail at admin@bunchball.com .


WHAT INFORMATION ABOUT ME IS COLLECTED BY BUNCHBALL?

Bunchball collects two types of information: personally identifiable information and non-personally identifiable information. The information we collect depends on your usage of the Bunchball.com website, Gamification.com website, or other websites owned and operated by Bunchball (referred to collectively in this Privacy Policy as the "Site"), or those portions of websites of third parties ("Publishers") that consist of the Bunchball Nitro Service (referred to collectively in this Privacy Policy as the "Service", and which includes the Bunchball Virtual Goods Service),. We collect information from those individuals who visit the Sites ("Visitors"), and we collect information from those individuals who use the Service to earn incentives and rewards based on their activities and participation ("Participants"), or who use the Service to purchase, send, and/or receive virtual goods and/or gifts ("Consumers"). Collectively, Visitors and Participants and Consumers are referred to in this Privacy Policy as "Users". Unless otherwise indicated, information in this Privacy Policy refers to all Users.

Personally Identifiable Information

Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and credit card information. We will request personally identifiable information from you when you

  • purchase Bunchball Credits (the currency used to acquire virtual goods and/or gifts through the Bunchball Virtual Goods Service) or
  • submit content to the Service, or
  • submit an online registration form on the Site

In all of these cases, we will collect personally identifiable information from you only if you voluntarily submit the information to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of such Service. Unless you give us permission to do so, we will not sell, share, license, trade or rent your personally identifiable information other than as specified in this Privacy Policy.

Non-Personally Identifiable Information

Non-personally identifiable information is information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender). Non-personally identifiable information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service.

WHERE AND WHEN IS INFORMATION COLLECTED BY BUNCHBALL (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

Marketing Programs

We collect personal information from you when you provide such information in connection with participation in one of our marketing programs. Bunchball may use this information to communicate with you in connection with various marketing programs, including advertising, direct marketing, seminars and events, and Web-based programs including Webcasts and podcasts.

Employment Applications

You may submit personal information through email or the use of our Site to be considered for employment at Bunchball. Such information may includes your name, your address, your phone number, your email address, job preferences, experience, desired salary, relocation preferences, work authorization, security clearance, education, job skills and other information contained on your resume or curriculum vitae (CV). Bunchball uses such information solely for consideration of your candidacy for employment, to communicate with you, and to generate related correspondence, including offer letters and employment agreements.

Purchasing, Sending, and Receiving Virtual Gifts (Consumers only).

In order to purchase Bunchball Credits which are used to acquire virtual gifts and/or goods, you must first complete certain steps to open an account with Bunchball. During these steps, you will be required to provide us with information (including personally identifiable information) such as name, postal address, email address, phone numbers, and/or payment information such as credit card information or PayPal account details. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. This information is necessary for our provision of the Service and is also used to help us understand who uses the Service, to improve the Service, to contact users about the Service and/or for billing purposes.

Information from Publishers.

We may receive non-personally identifiable information such as age, gender, or approximate geographic location from Publishers who have chosen to integrate Bunchball's Nitro Service into their website. We may also receive activity and participation data based on your activity on the Publisher's website. We may also receive information about the other users of the Publisher's websites to whom you have an explicit connection (referred to as "Friends"). This information is used to improve the Service and/or personalize the Service for you based on your demographic, activity, and Friends information. This information is provided using an anonymous unique identifier and can only be linked to you if you choose to submit personally identifiable information for the purposes of purchasing Bunchball Credits.

Open-ended Text Fields.

In some areas of the Service, Users will have the option of providing information using open-ended text fields. This includes, but is not limited to, messages sent with virtual gifts and/or goods, comments provided on virtual gifts and/or goods, and suggestions for virtual gifts and/or goods. Bunchball makes no attempt to screen these open-ended text fields for personally identifiable information or to regulate or control how and where that information is displayed. Users are advised not to provide personally identifiable information unless it is specifically asked for by the Service.

Cookies and Action Tags.

We also collect non-personally identifiable information passively using "cookies" and "action tags."

"Cookies" are small text files that are placed on your computer in order to identify your Web browser and the activities of your computer on the Service and other websites. Cookies are used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Services (such as saving time by not having to reenter your name upon each visit to the Service), and to allow us to statistically monitor how you are using the Service to help us improve our online offerings. We also may use cookies to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.

In addition to cookies that we place on your computer, cookies may also be placed on your computer by third parties that we use to display or serve advertisements on the Service or to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements on this websites, our third-party advertisers may place or recognize unique cookies on your browser.

Consumers do not have to accept cookies to use the Service; however, the sections of the Service intended for Creators use cookies to store critical session information and cannot be accessed with cookies disabled. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. While you are not required to accept our cookies to access the Service, if you reject cookies, certain products, offerings, features, or resources of the Service may not work properly and you may experience some loss of convenience.

"Action tags," also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or email sent on our behalf, may contain action tags.

By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns. We do not disclose any of your personally identifiable information to our advertising partners.

Finally, you should be aware that advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their websites or services on or from the Service. This Privacy Policy does not govern the use by such third-party websites or services or providers of third-party advertising.

Log Files.

We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating our Services in general.

DOES BUNCHBALL COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. The Site and Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.

WHAT DOES BUNCHBALL DO WITH THE INFORMATION IT COLLECTS?

We use the information collected on the Service to provide the Service to you and process your transactions, to help us understand who uses the Service, to improve the Service, and to contact you for customer service and billing purposes. We use information collected on the Site to support marketing and employment communications needs.

We may use your information to send you a welcoming email that may confirm your user name and password. We may send you electronic newsletters, contact you about Bunchball products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to "opt out" of receiving these communications. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the Service or, if you have purchased Bunchball Credits, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the Service.

We may also use the information gathered on the Service to perform statistical analysis of user behavior or to evaluate and improve our Services. We may link some of this information to personally identifiable information for internal purposes only or to improve your experience with the Service.

WHEN DOES BUNCHBALL DISCLOSE INFORMATION TO THIRD PARTIES?

Except as set forth in this Privacy Policy or as specifically authorized by you, we will not disclose any information we gather from you on the Site or Service.

Laws and Legal Rights.

We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service for our Services, or to protect the safety and/or security of our users, Bunchball or the general public.

Third Parties Generally.

We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who visit the Service, the demographic breakdown of our registered users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. The third parties to which we may provide this information may include potential or active Publishers, potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

In certain cases where a Consumer is using the Service via a Publisher's websites, it may be necessary to provide to that Publisher personally identifiable information or non-personally identifiable information that can be linked to personally identifiable information using the Publisher's internal systems. In general, Bunchball will only share this information when necessary to resolve a technical support, customer support, or billing issue.

Outside Contractors.

We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Site and Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, and developing applications for the Service and e-mail services. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information collected on the Site or Service, including your personally identifiable information. We also require that these contractors (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.

Sale of Business.

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of Bunchball, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates.

We may disclose information (including personally identifiable information) about you to our Affiliates. For purposes of this Privacy Policy, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with Bunchball, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.

DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES?

Our website may contain links to other websites not owned or operated by Bunchball (for example, if you "click" on a banner advertisement, you will likely be taken off the Site or Service). However, please be aware that we are not responsible for the privacy practices of such websites. We encourage you to be aware when the Site or Service links to other websites and to read the privacy policies or statements of each and every website. This Privacy Policy applies solely to information collected by the Site and Service.

DOES THIS PRIVACY POLICY APPLY TO BUNCHBALL'S PUBLISHERS?

Bunchball provides its Nitro Service as an integrated feature to Publishers' websites. This Privacy Policy applies only to those aspects of the Publisher's websites that are owned, operated, and maintained by Bunchball. However, please be aware that we are not responsible for the privacy practices of any other aspect of Publisher's websites. We encourage you to be aware of which aspects of Publisher's websites are not part of the Service and to read the privacy policies or statements of each and every website. This Privacy Policy applies solely to information collected by the Service.

IS THE INFORMATION COLLECTED BY BUNCHBALL SECURE?

We want your information (including personally identifiable information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the personally identifiable information you provide to us via the Internet at the time you elect to become a Bunchball Credit accountholder, we use Secured Socket Layer (SSL) encryption technology in transmitting such personally identifiable information over the Internet to our servers. We secure the personally identifiable information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees and contractors who need access to your information to perform a specific task or function are granted access to such information. In addition, all Bunchball employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, including termination.

Notwithstanding the above commitments to protect your information (including personally identifiable information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

Except as otherwise described in this Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must "opt-in" and give us permission to use your personally identifiable information for any other purpose. For example, we may have an "opt-in" mechanism so that those who become registered users of the Service must give us permission to send them marketing materials and our electronic newsletter. You may also change your preference and "opt-out" of receiving such communications by changing that option from the website(s) associated with the Service, following the directions provided in association with the communication, or by contacting admin@bunchball.com .

CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?

You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing the feature of the Service where you initially provided the information or contacting admin@bunchball.com . Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.

HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

You should be aware that we may revise this Privacy Policy at any time and that such revisions may result in additional uses or disclosures of your personally identifiable information. If we decide to change this Privacy Policy, we will post those changes on the Site and Service so you are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. We may also make non-significant changes to this Privacy Policy that generally will not affect our use of your personally identifiable information. If you do not agree to the terms of this Privacy Policy, you should not use the Site or Service.

WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Privacy Agent in any of the following ways:

By e-mail: admin@bunchball.com

By postal mail or courier:

Privacy Agent 
Bunchball, Inc.
355 Santana Row, Suite 2020
San Jose, CA 95128
408-985-2034

BY USING THE SITE OR SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SITE OR SERVICE. YOUR CONTINUED USE OF THE SITE OR SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

Last Updated on October 12, 2010.