Crackle Privacy Policy

Please Note: This document is NOT current. Please read the current privacy policy.

Last Modified: May 1, 2009


Welcome to the Crackle online service (the "Service") operated by Crackle, Inc. ("Crackle"). Your privacy is important to us and we have prepared this Privacy Policy to explain to you how we collect, use, and share your personal information. Because the Service is global, information about you that we collect or that you submit may be transferred to, processed in, and held in countries (including the United States) other than the one in which you reside. By using the Service, you explicitly consent to the collection and use of your personal information as outlined in this Privacy Policy. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us. When you use the Service, you also consent to our Terms of Service. Our Terms of Service can be accessed from the More menu, About Crackle option. For more information on the Crackle Service, please visit our FAQ.

Opting Out Of Future Communications; Updating And Deleting Your Information

We want to communicate with you only if you want to hear from us. If you have questions or concerns regarding this Privacy Policy, please feel free to contact us. If you wish to exclude your personal information from our direct marketing purposes or would like to update or delete your email address or other personal information that you previously submitted to us, you may do so by editing your Profile page by following the process described here.

or by writing to us at:
Crackle, Inc.,
10202 Washington Blvd.,
Harry Cohn Building, Culver City, CA 90232
Attn: Customer Service.

Information We Automatically Collect

We automatically collect certain non-personal information to help us understand how our users use the Service (which we will refer to in this Privacy Policy collectively as "Usage Data"). For example, each time you use the Service we may collect your IP address and other information about your Internet connectivity. In addition, we use a technology called "cookies." A cookie is a piece of data that identifies you as a unique user. We use cookies to improve the quality of our Service and make the Service easier to use. We do this by storing information (for example, settings preferences) about a particular user session in cookies in order to provide you with a seamless experience during a particular session. Certain of our Service Providers (defined below) may use cookies in connection with the services they perform on our behalf. If you choose to do so, you can configure your browser to delete existing cookies or disable cookies altogether. However, certain features of the Service may not work if you delete or disable cookies.

We may contract with companies or persons to provide certain services including data management, promotional and advertising services, etc. ("Service Providers"). We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to abide by our privacy policy with respect to Usage Data or other data we share with them. Certain Service Providers of advertising services may use Usage Data (together with any non-personal information they collect directly from you via cookies and any information that you submit directly to them) to (a) improve, enhance and implement the sale, display and targeting of advertising on the Service and (b) combine such Usage Data with user data from their other customers to compile aggregate statistics, metrics and general trend data that do not identify you or your Usage Data for marketing and promotional purposes only. You can opt-out of the collection of data by certain advertising Service Providers at the Network Advertising Initiative�s opt-out page.

Information You Choose To Submit

When you register to become a member of the Service, we collect your user name, email address, gender, date of birth, and whatever other personal information you choose to provide, including, without limitation, any personal information that you provide to us in connection with any contests, sweepstakes, and/or other promotion (which we will refer to in this Privacy Policy collectively as "Personal Information"). We use your Personal Information to notify you of new product releases, to send service notifications, to customize the advertising and content you see, to fulfill your requests for products and services, to improve our services, to conduct research, and to solicit your feedback and input about the Service. In addition, if you have opted into receiving newsletters or other communications from us, we use your Personal Information for that purpose. For contests, sweepstakes and other promotions conducted on or through the Service, we use the Personal Information that you provide to communicate with you regarding such contest, sweepstakes or other promotion and you are deemed to consent to us sharing such Personal Information with our contest, sweepstakes or promotional partners for the purpose of administering awards. When you send messages through the Service, your user name will be identified in the message. Other than as set forth in this Privacy Policy, except for aggregate demographic information that we may share with third parties in a manner that does not link such information to any individual, we will not share your Personal Information with third parties unless you have given us permission to do so.

Your Profile, Media, and Friends

We reserve the right to make all of the following information about you available to all other users of the Service: (a) any information you choose to include in your Service profile (including, without limitation, your user name, age, gender, favorite links, where you live and other personal details you choose to share); (b) any videos or other personal media content you submit to us; (c) your Crackle user name and friends; and (d) the date you registered to become a member of, and last logged into, the Service.

Other Authorized Disclosures

Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that Crackle may access, preserve, and disclose any information we have collected about you or that you have submitted: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (2) to protect the rights and property of Crackle, its affiliates, or the public; (3) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person; (4) to our parent company, subsidiaries, joint ventures, or other companies under common control with Crackle (in which case we will require such entities to honor this Privacy Policy); and (5) if Crackle is acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Privacy Policy). In addition, Crackle may forward any counter notification that you submit pursuant to Crackle's Terms of Service, and any related communications, to third parties.

Public Areas

Your use of areas of the Service that are intended for interaction with other users may reveal your user name and may allow you to publish certain personal information about you. By choosing to use these areas, you understand and agree that anyone with access to those areas may access and forward any information about you that is contained in or that you post to those areas. As with any social networking service, you should use care when disclosing your personal information to strangers.

Controlling Your Personal Information

The Service provides tools for you to control your profile and other personal information. You can edit your profile and other information at any time through the Crackle Web site. At any time, you can terminate your account which will remove your profile and other personal information from view.

Third-Party Web Sites

The Service may contain links to Web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked Web sites may be different from our Privacy Policy. You access such linked Web sites at your own risk. Similarly, the Service may be accessed and used from third-party Websites that we do not control. Although our collection and use of information in connection with your use of the Service from such third-party Web sites will be governed by this Privacy Policy, we have no control over the privacy policies of such third-party Web sites and you access such third-party Web sites at your own risk.

Security

We use industry standard security measures to protect your information so that it is not made available to unauthorized parties. We also require our Service Providers to implement and maintain reasonable security procedures and practices appropriate to the nature of the information we share with them. No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect personal information, we cannot and do not guarantee or warrant the security of any information you transmit to or from the Service, and you do so at your own risk. If you have any questions regarding which measures and techniques we use, feel free to contact us.

Children's Privacy Statement

We do not knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13, we will delete such information from our records. Because we do not knowingly collect any personally identifiable information from children under the age of 13, we also do not knowingly distribute such information to third parties.

Changes

Crackle may, in its sole and absolute discretion, change this Privacy Policy from time to time. In case of any material change to this Privacy Policy, we will replace the �Privacy� link on the More menu, About Crackle option to �Privacy: Updated� for no less than 30 days. All changes to the Privacy Policy or the Terms of Service will be effective when posted, and your continued use of the Service after the posting will constitute acceptance of, and agreement to be bound by, those changes. If you object to any such changes, your sole recourse shall be to cease using the Crackle Network. However, if we make any change that allows us to use your Personal Information in any materially different manner than we were permitted under the Privacy Policy in effect at the time you submitted such Personal Information, we will obtain your consent before making such materially different use.

Additional Questions

Again, feel free to contact us any time if you have further questions about the Service. To contact us, please press the application's "More" button and select the "Support" option. This will allow you to submit either a Technical Support or General Feedback email to our customer service team.

The effective date of this Privacy Policy is May 11, 2009.