© 2012 Revest America LLC d/b/a/ OwnAmerica.
Effective as of August 1, 2012
This privacy policy (the “Privacy Policy”) for the viewing of this website (the “Website”) owned exclusively by Revest America LLC d/b/a/ OwnAmerica or one of its subsidiaries (“OwnAmerica”, “we”, “us” or “our”). By accessing this Website and/or when you sign up for or use our products, services or any other features, technologies or functionalities offered by us on our Website (the “Services”), you agree to be bound by this Privacy Policy. As a result, it is imperative that you carefully review this Privacy Policy.
This Privacy Policy forms a part of the Disclaimer / Terms of Use www.ownamerica.com which is a binding agreement between you and OwnAmerica regarding your use of and access to this Website. If you do not agree to, or cannot comply with, this Privacy Policy, you should not use or attempt to access this Website.
OwnAmerica reserves the right, in our sole discretion, to modify the terms of this Privacy Policy (whether to incorporate new technologies or for any other reason) at any time upon posting any such modification to this Website. By using (or continuing to use) this Website after a modification to this Privacy Policy has been posted, you shall be deemed to have agreed to be bound by such modified Privacy Policy.
When you visit our Website or use our Services, we collect information sent to us by your computer, mobile phone or other device. This information includes your IP address, device information, operating system, mobile network information, location, browser type, settings, traffic to and from our Website, your use of search terms, any referring website, the pages you accessed on our Website and your overall usage of the internet and other data. Furthermore, through your use of any Services, contact customer support or respond to any survey, we may collect certain additional “personal information” form you, including without limitation your name, company name, title, date of birth, home and/or business address, email address, home and/or business telephone, wireless and/or fax number, credit card and other payment information, demographic information, data regarding your use of the Website, your postings and comments to the Website, your online transactions and your other submissions, subscription information, internet location and/or other information that may identify you as an individual and/or allow online or offline contact with you.
We may purchase or otherwise obtain information about you (including marketing data) from third party sources, including credit bureaus and identity verification services, and add it to our existing user database and/or associate this marketing data to your personal information. In addition, you may elect to provide us with additional personal information stored by third parties such as social media sites (such as Facebook and Twitter), in which event you agree that OwnAmerica may collect, store and use such information in accordance with this Privacy Policy; provided, that all information accessed on third-party sites shall be controlled by your privacy settings on that site, and OwnAmerica shall not be responsible or liable for the activities of any other website which may collect, use or share any information about you in violation of its own privacy policy and/or applicable law. Finally, to protect you from fraud, we reserve the right to run diagnostic tests on your computer, mobile phone or other device to identify malicious software or activity that could interfere with your continued use and enjoyment of our Website.
When you access our Website or use our Services, we (or companies we work with) may place small data files called cookies or pixel tags (including session cookies, persistent cookies and/or “flash” cookies) on your computer, mobile phone or other device to identify you as a user of this Website, collect and track information about your usage of our Website, to identify certain information or promotions that might appeal to you and to further personalize your use of this Website. While certain browsers and applications may allow you to refuse or reject “cookies,” your rejection or refusal of a cookie may make this Website (or certain portions of this Website) inaccessible to you or may otherwise negatively impact your ability to view and utilize this Website. In addition to the foregoing, OwnAmerica reserves the right to use “cookies,” as well as other tracking technology such as web beacons or pixeltags, within our advertisements and promotional electronic mail messages.
By providing personal information to us, you hereby consent to the transfer of such personal information to, and the storage and processing of such personal information in, the United States and other countries or territories, it being expressly acknowledged that the laws applicable to holding personal information in the United States may differ from laws of your state or country. With respect to any personal information that we collect that can be used to identify you, we will store such personal information at our (or our service providers’) facilities on a secure server, and we will endeavor to protect such information from unauthorized access, modification, use, destruction or disclosure by implementing and maintaining safeguards in compliance with applicable US federal and state regulations (which may include firewalls, data encryption and restricted physical access). Notwithstanding the foregoing, although we will use (and will require our service providers to use) commercially reasonable efforts to maintain the security and integrity of your personal information, due to the open nature of the Internet OwnAmerica will make no guarantee that any of your personal information provided to us or any of our users, and/or stored on our secure servers, will be free from unauthorized access, and we disclaim any liability for any such unauthorized access to, theft of, loss of or damage to any such information. Through your continued use of this WebSite, you shall be deemed to have agreed to assume each of the risks enumerated above.
We hereby reserve the right to utilize the information that we collect from you for the following purposes: (i) to enhance and customize your experience on our WebSite, (ii) provide you with customer support and resolve any disputes, (iii) customize and improve the Services and the content of our Website, (iv) provide you with suitable promotional offers and conduct targeted marketing, (v) process transactions, collect fees and distribute notices to you with respect thereto, (vi) monitor and prevent prohibited activities and enforce our Disclaimer / Terms of Use agreement and (vii) verify the accuracy of the information collected. We also may disclose your personal information with our affiliated companies to provide joint content, products and services, and to third-parties who are our authorized agents or contract vendees that provide OwnAmerica with services in connection with the maintenance of our WebSite, fraud prevention, marketing services and the provision of the Services, including without limitation customer support services and credit card processing, and all such agents and contract vendees shall agree to use your personal information only in connection with such services. Furthermore, in the event that OwnAmerica shall undergo any corporate restructuring, merger, sale of assets and/or operations or other similar event, OwnAmerica may share and transfer your personal information with any successor entity or otherwise in connection with any such transaction upon the provision to you of written notification (which may be in the form of electronic mail and/or the posting of notification on our WebSite). Finally, unless you have indicated that you do not wish for OwnAmerica to have the right to sell and/or rent your personal information by adjusting your personal preferences in the “Information Sharing” section of the “Account Information – Notifications and Information Sharing” webpage www.ownamerica.com, we hereby reserve the right to sell and/or rent your personal information to third parties for their marketing purposes.
We will also disclose your personal information when required to do so by law, for example, in response to a law enforcement agency’s request, in response to a court order or a subpoena or other legal obligation, in situations where we reasonably believe that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property and/or violating our Disclaimer / Terms of Use agreement. Additionally, certain courts of equity, including U.S. Bankruptcy Courts, may have the authority to allow your personal information to be shared or transmitted to third parties without your permission.
You have the right to “opt in” and “opt out” of certain of our uses of your personal information and may change your preferences regarding such uses at any time. Without limitation, you may adjust your user preferences to restrict OwnAmerica’s ability to share your personal information in certain instances in accordance with applicable laws. If you want to restrict OwnAmerica’s ability to share, distribute, sell, rent or otherwise utilize your personal information, if you do not wish to receive newsletters or marketing communications from us or participate in our ad-customization programs, or if you wish to withdraw your consent to us contacting you via your e-mail, fax or telephone, please log in to your account and customize your preferences in the “Information Sharing” and/or “Notifications” sections of the “Account Information – Notifications and Information Sharing” webpage under the “My Account” tab [CUSTOMIZE]. Furthermore, you may contact us at www.OwnAmerica.com or by writing to us at c/o Own America, 29 Locust Avenue, Suite 300, Rye, New York 10580. Please be aware that it may take up to 10 business day(s) for OwnAmerica to update your preferences and, during that time, you may continue to receive messages from us. Your election not to receive newsletters or marketing correspondence from us will not: (a) prohibit us from contacting you, by email or otherwise, regarding your existing or past relationship with us, and/or (b) prohibit us or our employees, contractors, agents and other representatives, from accessing and observing your personal information while maintaining and/or improving our WebSite. Finally, a request to have us stop sharing your personal information with other entities for marketing purposes will only apply as of the date on which we receive and process your request, and OwnAmerica hereby disclaims responsibility for any communications that you may receive from any third parties that received your personal information prior to such request. In these cases, please contact the entity that is sending you such communications directly.
You can review and edit your personal information at any time by logging in to your account and clicking the “Profile” webpage under the “My Account” tab [CUSTOMIZE]. You have the right to terminate your account through the OwnAmerica website; provided, that if you close your OwnAmerica account, we will mark your account in our database as “Closed,” but will keep your account information in our database in order to deter fraud. If you terminate your account, your personal information will not be used by OwnAmerica for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law or in accordance with this Privacy Policy.
If you have questions or concerns regarding this Privacy Policy, please contact us at www.OwnAmerica.com or by writing to us at c/o Own America, 29 Locust Avenue, Suite 300, Rye, New York 10580.
You acknowledge that you have read this Privacy Policy, understand it and will be bound by its terms and conditions. You further acknowledge that this Privacy Policy forms a part of the Disclaimer / Terms of Use agreement and, together with such Disclaimer / Terms of Use agreement, represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter hereof.
