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Privacy Policy

Effective Date: November 1, 2010

Your privacy is very important to us. This Privacy Policy ("Privacy Policy") is designed to explain: (i) how Milkshake, LLC. "Milkshake", "we", "our" or "us") collects, uses, secures and shares information, (ii) what type(s) of information we collect; (iii) how you can edit and/or delete certain information; and (iv) covers your access and/or use of our Web site (www.getmilkshake.com), together with any other service or product that we provide to you, including your receipt of our daily email(s) (hereafter starting with the phrase "our Web site" collectively referred to as "Services"). This Privacy Policy does not apply to the practices of companies that Milkshake does not own or control, or to people that Milkshake does not employ or manage.

By accessing or using our Services, you agree to the terms of this Privacy Policy as they may be amended frequently. As we update and expand our Services, this Privacy Policy may change, so we encourage you to check back to this page from time to time. This Privacy Policy is incorporated into, and part of, the Milkshake terms of use, which is the agreement between you and Milkshake that governs your access to and use of our Services in general.

This Privacy Policy shall be interpreted under the laws of the United States, regardless of the location of individual users.

Information Collection and Use

We collect personally identifiably information and non-personally identifiable information (collectively, "Information") for the following purposes:

  • Providing Services to you
  • To fulfill your requests for our Services
  • To tailor your experience
  • Showing you and/or providing to you by email content that we think might be of interest to you, and displaying content according to your preferences and our terms
  • Contacting or notifying you
  • Marketing and communications with you in relation to our Services
  • Performing market research via surveys to better serve your needs, improve the effectiveness of our Web site, your experience, our various types of communications and/or promotional activities
  • User traffic patterns
  • To pre-fill fields
  • To maintain, protect and improve our Services (including advertising services)
  • Ensuring the technical functioning and optimization of our network
  • Developing new services and products

Types of Personally Identifiable Information We Collect and From Whom

We collect personally identifiably information when you voluntarily provide it to us or when you authorize us to collect it on your behalf. The type(s) of personally identifiably information we may collect from you are set forth below.

  • Your email address
  • Your name
  • Your geographical coordinates
  • A persistent identifier, such as a subscriber number held in a cookie or processor serial number, that is combined with other available data that identifies an individual
  • Any other personally identifiably information needed to provide you with a Service

Examples of scenarios where you may provide us with your personally identifiably information include:

  • Communicating with us or our third party providers
  • Requesting information, data, content or material
  • Registering
  • Customer service
  • Technical support
  • Participating in an online survey
  • Requesting inclusion in an email or other mailing list
  • Invitations
  • Submitting an entry for a contest or other promotions
  • Filling out a questionnaire
  • Logging in
  • Any other business-related reason to provide you with our Services

We do not share or transfer your personally identifiably information with third parties without your consent, except under the limited conditions described below. We may combine the Information you provide (including demographic and profile data) with information we receive from other sources in order to provide you with our Services, a better or more tailored experience and to improve the quality of our Services. For certain Services, we may give you the opportunity to opt out of combining such information.

Cookies

When you access our Services, we or our service providers may send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of our Services by storing user preferences and tracking user trends.

Log In Information

When you access our Services, our service provider's servers automatically record information that your browser sends whenever you visit a Web site. These server logs may include information such as your Web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

Web Beacons

We also may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, in the Services, including in our communications with you, to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. Information collected from invisible pixels is used and reported in the aggregate and does not contain personally identifiable information. We and our advertising partners may use this information to improve our Services, including, marketing programs and content.

Milkshake Services on other Web sites

We offer some of our Services on or through other Web sites. Information, including personally identifiably information, that you provide to those Web sites may be sent to us in order to deliver our Services. We process such information under this Privacy Policy. The affiliated Web sites through which our Services are offered may have different privacy practices and we encourage you to read their privacy policies. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their Web sites.

Third Party Applications

Our Services may include Widgets, which are interactive mini-programs that run on our Web site to provide specific services from another company (e.g. allowing you to share a profile with your FaceBook or Twitter account). Personal information, such as your email address, may be collected through the Widget. Cookies may also be set by the Widget to enable it to function properly. Information collected by this Widget is governed by the privacy policy of the company that created it.

Information Disclosure to Third Parties

We share your Information, including your personally identifiably information, with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to provide Services, 2) legally required, or, 3) permitted by you. We may disclose your Information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion. We also may disclose your Information, including your personally identifiably information, when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Services, or anyone else that could be harmed by such activities.

Information Transfer

If Milkshake becomes involved in a merger, acquisition, liquidation, or any form of sale or transfer of some or all of its assets, you affirmatively consent to our transfer or sale of all of your Information, including your personally identifiably. We will provide notice to you before your personally identifiably information is transferred and becomes subject to a different privacy policy.

Information Security

The importance of security for your personally identifiably information is of utmost concern to us. Milkshake and its third party providers use commercially-reasonable security measures to protect against the loss, misuse, and alteration of personally identifiably information collected by and/or provided to us and under our or such third party provider's control. No security system is completely secure. Accordingly, we and our third party providers cannot guarantee the complete security of your Information, including your personally identifiably information.

Data integrity

Milkshake processes personally identifiably information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personally identifiably information needed to provide or improve our Services or as otherwise permitted under this Privacy Policy. We take commercially reasonable steps to ensure that the personally identifiably information we process is accurate, complete, and current, but we depend on you to update or correct your personally identifiably information whenever necessary.

Links to Other Web Sites

We also provide links to other Web site(s) that may have their own information collection practices which are operated and hosted by third parties. These other Web sites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their Web sites. We encourage you to review the privacy policies and information collection practices of those Web sites. Information provided to those Web sites will be subject to the privacy policy posted at that Web site.

Third Party Advertisers

We may use third-party advertising companies to serve ads when you visit our Web site or to provide you with Services. These companies may use information (generally not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your personal information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's consumer Web site at .

Send to a Friend/Colleague

When you ask us to invite or send information to a friend or colleague, we will send them a message on your behalf using your name. The invitation or message may also contain information about related products, services, promotions or events. We may also send up to two reminders to them in your name. If they do not want us to keep their information, we will also remove it at their request.

Location Data

Milkshake or its third party providers may offer location-enabled services. If you use those services, Milkshake may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).

Notification

In the unlikely event that we believe that the security of your personally identifiably information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as commercially reasonably possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

Public Forums

When you contribute to a public area or feature of our Services, such as a chat room, bulletin board, list serve, wall, blog, wiki or other open forum that we may make available on or through our Web site or Services, the information that you submit may be made available to the general public. For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, other information that would enable other users to locate you, or financial information on these areas.

Data Transfers Across International Boarders

If you are unsure whether this Privacy Policy is in conflict with the applicable local rules where you are located, you should not submit your or any other persons personally identifiably information to us. Anyone who accesses, uses or interacts with us, our third party providers or the Services who submits personally identifiably information or provides any other information does thereby consent to: (i) the international transfer and/or storage of all such information, including personally identifiably information, to a country which may be deemed to have inadequate data protection and (ii) the collection, using and sharing of such information, including personally identifiably information, as provided in this Privacy Policy.

Wireless Addresses

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from or on behalf of Milkshake (unless and until you opt out). You understand that your wireless carrier's standard or premium rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Phishing

With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the Web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as "phishing."

If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password(s) or credit card information) via e-mail or to a Web site that does not seem to be affiliated with our Web site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at info@getmilkshake.com

Minors

We reserve the right to add special protections for minors (such as to provide them with an age-appropriate experience), recognizing this may provide minors a more limited experience of our Services. If a minor (as defined by applicable law) provides us with his/her data without parental or guardian consent, we encourage the parent or guardian to contact us to have this information removed and to unsubscribe the minor from future Milkshake marketing.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time in our sole and absolute discretion. We will not reduce your rights under this Privacy Policy without your consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice which may include email notification of Privacy Policy changes. Your access, use or interaction with us, our third party providers or the Services following the posting of such changes or the updated Privacy Policy will constitute your acceptance of any such changes. We encourage you to review our Privacy Policy frequently to make sure that you understand how we collect, track, compile, use and share information.

Questions, Comments or Changes to Your Personally Identifiable Information

If you have any questions or comments, or wish to change the personally identifiably information we have about you, please contact us at: info@getmilkshake.com.

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