Wicked Garden Privacy Policy
We at Wicked Garden are firmly dedicated to maintaining your privacy. We have created these terms to
safeguard and secure the privacy of your information, as this is our top
priority. This privacy policy and agreement ("Privacy Policy")
covers how we collect, use, and treat personal information that you may provide
through our website (the "Website") or while using the
Facilities on our Website (the "Facilities"). Our Terms and
Conditions of Use (the "Terms") govern your use of the Site.
The terms “you” and “your” refer to any registered member of our
Site including: new members and paid members (collectively, "Members"
unless indicated otherwise). The terms "Wicked Garden", “we”
and “us” refer to JCDS, LLC.
Table of Contents
A Note About Children
Your Consent
The Types of Information You May Provide
Personally Identifiable Information
Anonymous Information
How We Use Your Information
Our Disclosure of Your Information
Your Use of Other Member’s Information
Tools for Protecting Your Privacy
About Your Password
Reviewing and Changing Your Personally Identifiable
Information
Our Referral Service
Third Party Collections of Information
Monitoring of Online Behavior
Security
Modification of Policy
Relationship to Terms and other Contracts
Contact Us
A Note About Children
Children under 18 years of age are not eligible to use any
part of our site, service, or facilities, and we ask that children not submit
information to us.
Your Consent
During registration for our site, you will be prompted to
click on a button linked to this document that says “I Accept.” When you click
this button and proceed to register for our site, you are legally agreeing to
be bound by the terms of this Privacy Policy, so please read over this Policy
carefully.
The Types of Information
You May Provide
In order to accept your registration for any part of this
site or service we will need to collect some information from you, for the
purpose of providing you with the service you have requested. All the
information you ever provide to us can be divided into two kinds. “Personally
Identifiable Information” refers to information which could reasonably be used
to identify you, such as your name or street address, for example. “Anonymous
Information” refers to information that could not reasonably be used to
identify you, some examples of which would be the approximate length of time
you have been a site member, or how many times a day you log into our site. We
will refer to all information (either personally identifiable or anonymous)
that you have provided to us as “Site-Directed Information”. Our Website also
gives you the opportunity to exchange information with other members. We will
refer to any information you provide to other members of our site as
“Member-Directed Information”. Please keep in mind that this Policy covers
only “Site-Directed Information”, as we have no control over the information
you choose to provide to other members or how they choose to use it.
Site-Directed Personally
Identifiable Information
Personally Identifiable Information you provide to us
through the site will never be shared with a third party unless it is expressly
provided for and disclosed in this Policy.
Registration Information: When
you register to become a Member of our site, you will be required to provide us
with some information. This is necessary in order to participate in our site.
We will ask you to create a unique username and password, verify that you are
18 years of age, and provide us with a valid email address. We will then
require you to create a profile which will be visible to other members, subject
to any Privacy Controls you impose. We will require the following information
for your profile: your zip code and country of residence; some of your physical
features such as height, weight, hair and eye color; your age; and a brief
statement describing yourself and what you are looking to find on our site.
Your unique username and password will be used by you to access our site, and
your username is how you will be publicly identified on our website.
Billing Information: Paid
members enjoy greater access to our site, and more flexibility in user
options. Should you choose to become a paid member of our site, we will need
to collect billing information from you, such as your billing address and a
valid credit card number and expiration date. This billing information will
then be passed on to the third-party vendor that Wicked Garden uses for
electronic payments. We will never under any circumstances share your billing
information with anyone other than the third-party vendor we use for payment
processing. All billing information is collected solely for the purpose of
processing your payment and will never be used for any other purpose.
Communications With Other
Members: Registration for our Website indicates an interest in sharing
information with other Website members. We seek to limit the information
provided through our system to the minimum required to identify you to another
user during any exchanges. In order that other members may identify you on our
website, we provide them with your username, age, height, weight, gender, and a
link to your profile.
Other Information Exchanges: There
are many ways in which you can participate in our website, and you will have
the option at various times of providing us with information, sometimes
personally identifiable. If you choose to submit any information to us,
including personally identifiable information, we will always use that
information only for the purpose for which it was provided.
Use Of Profiles in Promotions: We
may choose to post Member Profiles or other information provided for this
purpose on our homepage or other areas of our site. We do this solely for promotional
purposes. If you opt to become a Featured Member, then your Profile will be
displayed prominently on our homepage and all members will be able to see it.
Forums and Chat Rooms: Forums
and Chat Rooms are two of the facilities provided to you on our site. We do
not share any of your information in the forums and chat rooms other than your
username. However, you have the option of sharing whatever information you
wish to post, and all posts you make will be immediately public and linked to your
username, so please be careful and use discretion in what you post. You can
also refer to the Forum and Chat Room User Guidelines which are posted on our
site.
Surveys and Contests: We
may periodically initiate surveys and contests at WickedGarden.com, and it will
always be up to you whether to participate. If you do choose to participate we
may ask you for some information, some of which could be personally
identifiable information; for example if you win a contest we may need your
real-life contact information in order to send you a prize. When we notify you
of a survey or contest and ask for your participation, we will also notify you
of the information that will be required and how it will be used.
Member-Directed
Information
Any information that you choose to provide to other members
of our site, either through email or the forums or any other means, is referred
to as member-directed information. This policy does not cover Member-directed
Information. We would urge you to be careful what information you reveal to
other members. Please see the section titled “Additional Tools for Protecting
Your Privacy” for more information.
Anonymous Information
We collect Anonymous information about use of our Website in
order to analyze the ways it is being used so that we might improve our site
and facilities. We may sometimes hire a third-party company to assist us with
the collection or analysis of this Anonymous data. None of this Anonymous
information thus shared with a third-party company could ever be used to
identify you in any way. There are several ways for us to collect anonymous
data, and they are described below.
IP Addresses: We may
automatically receive and log certain information from your web browser, such
as your IP address, referrer addresses, and other general logging information.
We may also record page views and other general statistical tracking
information. All this information is Anonymous and cannot be used to identify
you in any way. We use it by analyzing it together with similar information
logged from other users in order to monitor how our website is being used, both
for security purposes and for the purpose of improving our website.
Cookies: A cookie is a
small piece of data that websites use to recognize return visitors. When you
access our website, we may send you cookies which will then be stored on your
computer’s hard drive. Although we use them to identify you as a return
visitor and better tailor the website to your preferences, they cannot be used
to personally identify you. If you do not wish to accept cookies you can set
your browser to reject them; however, without cookies enabled you will not be
able to access WickedGarden.com.
Computer configuration: We
may collect certain anonymous information about your computer, such as your
operating system, web browser, or any other software your computer uses to
access our site. We do this to determine what computers and software are
supported by our system. This information is anonymous and cannot be used to
identify you, and we will not share it with any third party other than as
provided for by this Policy.
Our Use of Your
Information
We use the Personally Identifiable Information provided to
us by our members to improve our site, whether by improving marketing efforts,
tailoring site layout and design to usage, or improving our content and service
offerings. The Personally Identifiable Information we collect is for our own
internal usage only and we will never release it to any third party without
your prior consent with two exceptions: to validate your credit information, or
if we believe we are required to do so by law.
We may also in some cases use your personally identifiable
information to tailor our banner ads or promotions to your interests.
We may use your email or other contact information to send
you informational updates, or timely offers or notice of special events.
Your non-personally identifying information is used to
compose your profile and allow other members to find you though a search. This
profile is associated only with the pseudonymous identity you created when you
joined our site. We will never share any of your contact information other
than your mailbox on our site with any other member or organization.
We may also use your personally identifiable information to
resolve problems, disputes, or enforce our Terms and Conditions.
We treat any information linked
with your personally identifiable information as personally identifiable
information: We may in some cases link your anonymous information with
your Personally Identifiable Information. We do this to better analyze the
ways in which our customers use the site and tailor the design of the site and
facilities to their needs. In the event that any of your anonymous information
is linked to your personally identifiable information, we will then treat the
combination of the two as personally identifiable information. Therefore, no
unrelated third parties will have access to any of this information, and any of
our third-party vendors who are given access to this information will be
required to protect it under the terms of this Privacy Policy.
Our Disclosure of Your
Information
We will never sell or give out any of your personally
identifiable information to any third party without your permission. We may
decide to disclose certain anonymous information in aggregate to advertisers or
for other marketing purposes. However, we will never give these third parties
access to any information that could potentially be used to identify you.
Also, there is certain information we will never disclose, even in aggregate,
including your password and financial information.
We will cooperate with any request made by law enforcement,
or requests by third parties seeking to protect their rights, including
intellectual property rights. We reserve the right to disclose your
information as required by law and also if needed to protect our own rights.
We use a third party company to process credit card payments, and will disclose
to them your financial information solely for the purpose of billing you for
goods and services. They will not retain or share your personally identifiable
information, and will not use the information we disclose to them for any other
purpose than the one stated.
We Never Disclose Personally
Identifiable Information you share with us with ANY unaffiliated third party
without your express consent, except in the following circumstances:
Wicked Garden Site Vendors: We
may choose to contract out some portion of our site management, such as
answering emails, or any other function necessary to run our business, to a
third party company. In this case the third party will receive only the
information that is necessary to enable them to do the function we contracted
them for. We will inform them that any personally identifiable information we
share with them is intended only so that they may do their job and is not to be
used in any other way.
Harm: We will share your
personally identifiable information with lawyers and/or law enforcement for the
following reasons: we believe you are at risk of harm from another or likely to
harm another or violate their rights; and also if we believe you are violating
our terms and conditions agreement, either intentionally or otherwise.
Legal: We will reveal your
personally identifiable information under the circumstance that we are required
to do so by law. If we receive legal process asking for your personally
identifiable information we may attempt to contact you first and inform you of
the request, unless we are not permitted to do so.
Transfer of Site: Should we
decide to sell all or the main part of our business, we are entitled to
transfer all of your information that we have collected through the business,
including your personally identifiable information, to the buyer. We shall
ensure before transfer of your personally identifiable information that the
company we sell to has in place a Privacy Policy that is in all respects the
same as or more protective than our Privacy Policy.
Your Use of Other’s
Information
You shall not use any information provided to you by any
other member of the site for any commercial purpose, or to harass or violate
the rights of any member. We reserve the right to terminate any member who
misuses others information, or in any other respect violates our Terms and
Conditions.
Additional Tools for
Protecting Your Privacy
Many members give out more personal information than they
should on social networking sites like ours, either intentionally or
unintentionally. We have provided you with some features to help you control
the information you make visible, which are as follows:
Privacy Controls: We
provide you with the option to “block” members of your choosing, which will
render them unable to contact you or view your profile. We also allow you to
sort photos you upload into two albums, designated “Public” and “Private”.
Your “Private” album cannot be seen by anyone other than those members you
specifically designate to have access.
We have implemented certain
guidelines regarding the photo content you may post on our site. We will
review the pictures in your “Public” album to ensure compliance with our
guidelines and reserve the right to remove any pictures we feel are
inappropriate. Although we do not review every picture designated for the
“Private” albums of our members, we reserve the right to review your “Private”
album should we wish to and delete any pictures from our site which do not
comply with our guidelines. Please see our Photo Management page for more
information on the guidelines for types of pictures you may post.
We would like for you to use our
privacy controls, and be careful in choosing the information you post on your
profile. Be especially careful if you choose to include any information that
could personally identify you, such as your last name, address, or any photos
that make your location obvious.
Reporting of Problems: If
you feel that you or one of your friends has been harassed on our site, or had
your rights violated; or if you feel that another user is breaking our Code of
Conduct, please notify customer service. Any information or personal
correspondence sent to us regarding such a complaint may be stored on file, and
will be accessible only to authorized personnel. We may also collect and store
any comments which other users have made about you to our complaints
department.
Control of Your Password
You are not authorized to share your password with anyone
else, or to turn over access of your membership to anyone else. If you do lose
control of your password, and another accesses the site under your username,
they will have access to all your personally identifiable information, and you
will be held legally responsible for their actions. Therefore we ask that you
be extremely careful with your password. If you have any reason to suspect
your password has been compromised, please change your password immediately.
You may also wish to change your password from time to time to greatly reduce
the risk of unauthorized access to your account.
Reviewing and Changing
Your Personally Identifiable Information
Discretionary Account Information: Once
your account is created, you can log
in with your username and password and change
any discretionary information
you have previously supplied. Please be sure if
your information changes you log in and update your account in a prompt
fashion.
Deleting Information: We
will at your request remove your name and all other personally identifying
information from our databases. Once we have taken this step please understand
that you will not be able to access our site or use our facilities any longer.
Although we will make every effort to remove your information, it may be
impossible to remove completely, due to site backups and records of deletions.
In addition, any anonymous information we have gathered from you cannot be
removed.
WickedGarden members have the
following choices to modify or delete their information from our databases:
You may send an email
to Customer Service with your request
You may log in with your username
and password and modify or delete your account
If you would like us to remove your
credit card number and expiration date from our databases, please send an email
with this request to Customer Service. There are certain circumstances under
which we will retain information, including credit card information, that you
have asked us to remove. We will retain your information for reasons such as: to
comply with Federal and State Law, enforce our Terms and Conditions agreement, comply
with Credit Card Merchant Banking and Association agreements, resolve disputes,
troubleshoot problems, or reduce fraud.
Referral Service
You may choose to refer a friend to our website through our
referral program. If you do so we will ask you for your friend’s name and email
address in order to send him or her a contact email inviting them to join our
website. We will only contact your friend for this express purpose and will
only send them the one email. We will store their name and email address in
our database for the purpose of sending this one-time email, and also so that
we might track the success of our referral program. If your friend does not wish
for us to store his or her name and email address, they can send an email to
Customer Service and we will remove their information from our databases.
Third Party Collections of
Information
This Privacy Policy refers only to the information you
disclose to us. Any information you disclose to other parties through our
Website or elsewhere on the Internet is not covered by this policy, and may be
covered by a different Privacy Policy. Although we at WickedGarden work with
all our partners to ensure the highest possible privacy standards for you, we
still request that you be careful who you share your personally identifiable
information with.
We may use third-party companies to do advertising on our
behalf. These companies may employ cookies and action tags in order to measure
their ads effectiveness.
If you enquire about advertising opportunities on our site,
we will ask you for contact information and information regarding your
objectives for advertising on our site. We ask for this information only so
that we can assist you in your enquiry. We will not share this information
with anyone other than our internal staff.
WickedGarden contains links to websites which are not
affiliated with WickedGarden. These websites may have Privacy Policies which
differ from ours, and we have no control over any information you choose to
provide to them.
Monitoring Online Behavior
Our website allows our members to communicate with each
other through private exchanges over email and instant messaging. As a rule we
do not read or moderate our member’s private exchanges. However, we reserve
the right to monitor any private exchanges on our website should we suspect any
user of being under 18, or breaking the Terms and Conditions agreement or this
Privacy Policy. We do monitor public exchanges such as forum posts, and we
reserve the right to modify, move, or delete any public communication on our
website if we in our sole discretion deem it necessary.
Security
Wicked Garden has security measures in place on our website
in order to prevent the Personally Identifiable Information you have provided
to us from being stolen, altered, or misused. In order to access our site
users must log in and provide unique information such as their username and
password. We store all information you provide to us in a secure fashion, and
any employee who has access to our database has agreed to abide by our Privacy
Policy. Access to Personally Identifiable Information is given to our
employees only on a need-to-know basis.
Our security programs are designed to prevent hackers or
others from gaining access to your Personally Identifiable Information. We do
everything in our power to protect your information. However, due to the
nature of the internet and constantly evolving technologies, we cannot provide
any guarantee that your information will remain free from alteration, loss, or
misuse by third parties who gain access despite all our best efforts to prevent
it.
Although “perfect security” does not exist on the internet,
we at WickedGarden work hard to provide you with the best security possible for
your information.
Modification of Policy
We reserve the right to modify this Privacy Policy anytime
we in our sole discretion deem it necessary. Any changes made to this policy
will take effect the next time you access our website. We may choose to inform
you of any modifications to this policy by posting a bulletin on our website.
Relationship to Terms and
Other Contracts
This policy must be read in conjunction with our Terms and
Conditions Agreement, and the provisions of the Terms are incorporated herein.
If these two documents are found to conflict in any way this Privacy Policy
will control.
Contact
Us
If you have any questions about this Privacy Policy, the
practices of this Site, or your dealings with this Website, please contact us
via certified mail at:
JCDS LLC
P.O. Box 58206
Raleigh, NC. 27609
The
Effective Date of this Privacy Policy is March 1st, 2008