Privacy Policy

Please read this privacy policy (the “Privacy Policy”) carefully to understand how Pensam Capital, its subsidiaries and affiliates, successors, assigns, vendors and third-party suppliers (collectively referred to herein as the “Company”) uses and protects the information provided to The Company by any individual person or entity who accesses, uses or registers to use Company Properties as defined herein (“you” or “your”).  This Privacy Policy applies to the website [website_url] and any variations or successors to it (the “Company Site”), any domain address that resolves to the Company Site, any Company computer software or applications downloadable or otherwise available from the Company Site (“Company Software”) and any services purchased or otherwise made available from the Company Site (“Company Services”) (the Company Site, the Company Software and the Company Services are collectively referred to as the “Company Properties”).

This Privacy Policy applies to you and is incorporated into and is a part of the Terms and Conditions (the “Terms and Conditions” or the “Agreement”) of the Company Site.

Your using, accessing or registering to use Company Properties is subject to the Terms and Conditions and this Privacy Policy, and indicates your agreement and acknowledgement to be bound by them.

For purposes of this Privacy Policy, “Materials” refers to, without limitation, any and all audio and visual works or content in any medium or format, including, without limitation, film, video, text, logos, artwork, graphics, pictures, images, advertisements, aural and other forms of expression, whether in still, live, animated or streaming format, contained in works posted, uploaded or provided to Company, the Company Properties, or into the technologies described herein, in any method or form, by you, or anyone on your behalf.

  1. Types of Information The Company Collects from You
    • Personal Information.” Personal Information refers to information that lets The Company know the specifics of who you are and that may be used to identify, contact or locate you.  Personal Information may include your name, mailing address, telephone number, e-mail address, billing address, payment information, financial institution information, information about uploads, Internet Protocol (IP) address and the device used to upload the Materials (this data may be meta-data embedded in the Materials) and other information relating to uploaded Materials or that may be used to identify, contact, or locate you.  The Company may collect Personal Information when you use the Company Properties including, without limitation, when you set up your account, upload or download Materials, correspond or otherwise communicate with the Company through the Internet, or otherwise volunteer information about yourself.
    • Non-Personal Information.” Non-Personal Information refers to information that, by itself, does not identify you or could not be used to identify you as a specific individual (e.g., demographic information, website visitations, or other actions you may take).  The Company may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of various technologies, some of which are described further below.
  2. How the Company Collects Your Information
    • Registration. Prior to your using one or more of the Company Properties, Company may require certain Personal Information and Non-Personal Information to create a Company account (“Account”) or to enable features or functionality of the Company Properties.  Failure to provide all information required by the Company may prevent access to any or all the Company Properties, and failure to maintain accurate information may result in suspension or termination of access to any or all the Company Properties.
    • Uploading and Downloading Materials. If you use the Company Services and you upload or post Materials to or download Materials from the Company Properties, the Materials may include meta-data or be transmitted with data, such as, without limitation, the type of device through which the Materials were created, the device’s IP address, the domain name of your Internet service provider and other such data.  This data may necessarily be provided to and collected by the Company when Materials are uploaded, posted to or downloaded from the Company Properties.
    • Information Collected Through Technology. While you are able to visit the Company Site and remain anonymous, the Company or its third party service providers may still collect Personal Information and Non-Personal Information about your use of the Company 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:
      • Cookies. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer’s or device’s hard drive which work by assigning to your computer or device a unique number that has no meaning outside of the Company 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 Company Properties unavailable to you, or not perform properly for you.
      • IP Address. You may visit areas of the Company Site anonymously without the need to register an Account.  Even in such cases, the Company may collect IP addresses automatically.  An IP address is a number that is automatically assigned to your computer or device whenever you begin services with an Internet service provider.  Each time you access the Company Site and each time you request one of the Company’s pages, the server logs the IP address.
      • Web Beacons.  Web beacons are small pieces of data that are embedded in web pages and e-mails.  The Company may use these technical methods in HTML e-mails that the Company sends to you to determine whether you 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.
      • Tracking Materials Usage. If you use the Company Services and you upload or post Materials to, or download Materials from, the Company Properties or to or from a third party website, the Company tracks and captures Personal and Non-Personal Information associated with registered Accounts and the use of Materials.
  3. How the Company Uses Your Information
    • System Administration. The Company may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with the Company’s servers, monitoring the Company’s system performance and traffic on the Company Properties and to gather broad demographic information about the Company’s customers.
    • Personalization. The Company may use Cookies and IP Addresses to track features such as delivering Materials specific to your interests and informing you of new, relevant services or certain third party offerings.
    • Performance of Services of the Company Properties. If you have registered for an Account, the Company may use your Personal Information to make payments to you; to receive payments from you; to prepare tax information; to offer services to you; and to procure services from you and to communicate with you about these activities.
    • Notices to Registered Users. If you have registered for an Account, the Company may use your Personal Information to send e-mails to you regarding your registration, including confirmation to verify the accuracy of any information you have provided, and instructions on how to post Materials, make a payment or receive a payment or refund.  The Company may also send you e-mails to verify your identity or to notify you if the Company believes your use of the Company Properties violates any applicable agreement for the use of the Company Properties.
    • Advertising. The Company may use Non-Personal Information to assist in optimizing the delivery of advertisements to viewers of your Materials.
    • Promotional E-mails. The Company may use your Personal Information to send you e-mails periodically listing promotions or events relating to the Company Properties or from the Company’s marketing partners or sponsors.  You have the choice to opt-out of receiving such promotional e-mails by sending an e-mail to [email_address] and/or following the instructions in such correspondence.
    • Contact Information. If you contact the Company by any means, the Company may keep a record of your contact information and correspondence.  If you report a problem with the Company Properties, the Company may collect this information in a file specific to you.
  4. How to Access and Change Your Personal Information
    Upon request, the Company shall allow you to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests, as determined by the Company at its sole discretion.  Additionally, upon request, the Company shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete your entry without some residual information being retained due to the manner in which data backups are maintained.
  1. Disclosure of Information to Third Parties
    • The Company does not sell, trade or rent Personal Information collected through the Company Properties to any third party.
    • Notwithstanding the foregoing, the Company may share your Personal Information for the following purposes and to the extent necessary in the Company’s good-faith discretion:as reasonably necessary for the operation of the Company Properties;
      • to fully cooperate with law enforcement agencies;
      • as required upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation;
      • if the Company believes your actions violate any law, regulation, the Terms and Conditions or any functions of the Company Properties; and
      • in the event of insolvency, bankruptcy, merger, acquisition, sale, joint venture or other business combination involving the Company.
  2. Safeguarding Your Personal Information
    • Security Measures. The Company 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 the Company’s data collection;
      • internal reviews of storage and processing practices;
      • internal reviews of electronic security measures;
      • internal reviews of physical security measures to guard against unauthorized access to systems where the Company stores Personal Information; and
      • all Company employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution for unauthorized use or disclosure of Personal Information.
    • Third Party Links. The Company Properties may contain links to third parties who may collect Personal Information and Non-Personal Information directly from you.  Additionally, the Company may use third parties to provide components of the Company Properties.  In either case, such third parties may have separate privacy policies and data collection practices, independent of the Company.  The Company:
      • has no responsibility or liability for these independent policies or actions;
      • is not responsible for the privacy practices or the Materials of such websites; and
      • does not make any warranties or representations about the information, content, materials, products or services offered on such websites or the security of any information you provide to them.
  1. International Users and Transfer of Data
    The Company Properties are operated from the United States and are subject to United States law.  By providing information to us through the Company Properties, you are consenting to the transfer of that information to be processed and used in accordance with the terms of this Privacy Policy.
  1. Changes to Company’s Privacy Policy
    The Company continually strives to implement new technologies and processes to better protect you, your privacy and your use of the Company Properties, and to improve the cost-effectiveness of Company Software and Company Services.  As a result, changes to this Privacy Policy may be made by the Company from time to time.
  1. Special Note Regarding Minors
    Use of the Company Properties is not intended for minors under the age of 18 (“Minors”).  Minors are not authorized by the Company to use the Company Properties, even if Minors set up an Account or accept the terms of any agreement or policy herein for the Company Properties
  1. Contacting the Company
    If you have any questions about this Privacy Policy please contact the Company:You may contact us by mail as follows:
    [company_name]
    [company_address]