Updated: August 3, 2010
About this Privacy Statement
This Privacy Statement describes information that we collect from you as part of the normal operation of our service(s) and what may happen to the information we collect.
Application of this Privacy Statement
This Privacy Statement applies to all websites (“Site” or “Sites”) owned and controlled by RubyBag.com.
Through the submission of the information requested, including your personally identifiable information on this Site or otherwise using or accessing this Site, you agree that the following terms and conditions of this Privacy Statement shall govern our use and disclosure of your personal information. If you do not agree with the terms and conditions of our Privacy Statement, please do not complete any information request forms hosted on this site or otherwise use or access this Site.
This Site does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on this Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
Children Between the Ages of 13 and 18
Minors 13 years of age or older must ask their parents for permission before sending any information about themselves to anyone over the Internet. By using this Site you represent that you are 13 or over, or where appropriate/indicated you are at least 17 and have you parent’s express permission.
If we have any reason to believe you have misrepresented your age we reserve the right to terminate your use of the Site without notice. There are many resources available to help families with issues of Internet safety for children, including www.safekids.com.
Your Privacy is Important to Us
Our Privacy Statement explains what information we obtain on the Site and how we use the information you disclose to us, including how we may provide your information to our Third Party Partners who have expressed a willingness to provide you with the products and services associated with this Site.
Information We Collect
The information that we collect includes personal information about you that we or certain of our Third Party Partners consider necessary for performing a preliminary evaluation of your qualifications to receive applicable products and/or services. Depending on the extent that you access/use our service(s), the type of personally identifiable information that may be collected may include (without limitation): name; address; e-mail address; telephone number; fax number; credit card information; information about your interests in and use of various products, programs, and services; education level; educational interests; home owner status; income; debt level and the like. To the extent that you are requested and you do submit information about other people, such information will be limited recipient's name, address, e-mail address, and telephone number. On some of the Sites you may be able to become a registered user. When you decide to become a registered user, we ask for some basic contact information which we use to enable use of certain features of the Site (e.g., avatar, creation, community participation, submission of product/merchant reviews and creation of lists etc.) and to send you information about our company, services and products, and to communicate occasional offers from our partners and advertisers.
In addition to the personal information you provide to us, we collect certain information online and offline arising out of your use of our Site, including but not limited to the number and type of offers you have responded to and completed. When you visit our Site, we automatically track certain non-personally identifiable information with respect to your behavior on the Site through the cookie we place in your browser. This non-personally identifiable information may include the Internet address or URL that you just came from and the URL to which you go next; your computer browser information; and your IP address. We use this non-personally identifiable information in conjunction with some of the information that you provided to conduct internal research on users' demographics and behavior and to better understand how to serve users of the Site. The aforementioned information cannot, by itself, be used to gather any personally identifiable information about you, but it will allow us to track the overall effectiveness of our online advertising campaigns. Third parties may also set cookies on or through the service to track Site usage and to track the overall effectiveness of our online advertising campaigns.
We use both session cookies, which terminate when a user closes his/her browser, and persistent cookies, which remain on the user's computer until manually deleted. You may decline our cookies if your Web browser software permits, although this may prevent you from accessing certain features of the Site(s).
We track certain non-personally identifiable information through server log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp and number of clicks to analyze trends and administer the Site, track user's movement in the aggregate and gather broad demographic information for aggregate use. We use your IP address at times to help identify you as you browse and to gather broad technical and demographic information on who uses the Site. We do not presently tie server log files to personally identifiable information.
We may employ and certain Third Party Partners may employ a software technology called clear gifs (also known as Web Beacons or Web Bugs). Clear gifs help us better manage content through the service by informing us what content and which campaigns are effective. Clear gifs are tiny graphics, about the size of a period at the end of a sentence, with a unique identifier. Clear gifs are similar in function to cookies and are used to track the online movements of Web users. In addition, we and certain Third Party Partners may use clear gifs in HTML-based emails. This allows us and the Third Party Partner to gauge the effectiveness of certain communications and the effectiveness of marketing campaigns by showing how many emails the recipients have opened. We do not presently tie clear gifs to personally identifiable information. If you wish to opt out of the use of third party clear gifs, you may do so at http://www.networkadvertising.org/managing/opt_out.asp.
How We Use Your Information
General: In general we may use information we collect about you to:
* Provide the products and services that you have requested;
* Perform research and analysis about your use of, or interest in our products, services, content, or the products, services, or content offered by third parties;
* Communicate with you via email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or third parties;
* Develop and display content and advertisement tailored to your interests on our site and other sites;
* Verify your eligibility to receive products and/or services;
* Enforce our Terms of Service;
* Manage our business; and
* Perform functions as otherwise described to you at the time of collection.
We may perform a preliminary validation of any information that you submit to RubyBag.com and an evaluation of your qualifications for our Third Party Partners’ products and services. For example, we may compare and review your personal information for errors, omissions, and accuracy based upon past usage and response; or compare your information against other publicly available files; or validate some of the personal information to verify that the information you submitted has a high probability of being valid information.
Based upon your affirmative consent, as evidenced by your clicking on the applicable acknowledgement box and/or your registration on a Site (i.e., your submission of the requested information, including your personally identifiable information), we may use the information you provide to attempt to match you with providers of products and services (for example, using your zip code to check for service providers whose service area covers your location) and/or we may forward the information that you provided directly to certain of our Third Party Partners.
We reserve the right to collect information about you and store it in connection with other online or offline information we may possess or obtain about you to create a general user profile. This profile may be created by combining your information with other sources of information such as information obtained from public databases, or from your browsing habits surrounding your visit to this Site.
From time to time, we may contact you via e-mail advertising, telephone marketing, direct mail marketing, online banner advertising or other means to inform you of additional opportunities to receive special offers for other services and/or products that we believe may be of interest to you. By providing your contact information when using the Service, you are entering into a business relationship with RubyBag and are further requesting, and expressly consenting to, being contacted by RubyBag via telephone, fax, email, surface mail or any other means, at any of your contact numbers or addresses, even if you are listed on any federal, state or other applicable "Do Not Call" list, in order that RubyBag may provide the services set forth on the Site or for other purposes reasonably related to your service request and the business of RubyBag, including marketing-related emails. You are under no obligation to accept any service or product offered through these communications.
From time to time, we may send you certain transactional messages relating to the Service, such as service announcements, administrative messages, etc.
Certain sensitive information such as social security numbers and drivers licenses ("Financial Information") collected on the Site and the associated data are encrypted and protected with SSL encryption software from the time it is captured by our application to the time it is transmitted to our servers. For more information on the encryption and protection of your information, please see How We Protect Your Privacy.
In the event we offer product and/or services where your credit card information is required to process your requested transaction, we may store your credit card information to facilitate your authorized transactions.
Sharing your Information
WE MAY USE INFORMATION THAT WE HAVE COLLECTED FOR ANY LEGALLY PERMISSIBLE PURPOSE, INCLUDING SELLING OR TRANSFERRING SUCH INFORMATION AT ANY TIME TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE.
For example, we may share your personal information with Third Party Partners so that they can contact you and offer you products and/or services that we and they believe might be of interest to you. This may include e-mail advertising, telephone marketing, direct mail marketing, and online banner advertising to name a few. You are under no obligation to accept any service or product offered by any of our Third Party Partners through these communications. In addition, we may maintain separate e-mail, mailing or phone lists for different purposes based on the information that you submitted and that we maintain. Please keep in mind that if you respond to an offer from one of RubyBag’s Third Party Partners, you become a customer of that Third Party Partner and are subject to its Privacy Statement. Further, the Third Party Partner may independently send further communications to you, in which case you will need to contact the Third Party Partner directly if you wish to unsubscribe from future communications from such Third Party Partner.
By providing personal information when using the Sites, you are entering into a business relationship with RubyBag’s Third Party Partners and are requesting, and expressly consenting to, being contacted by our Third Party Partners via telephone, fax, email, surface mail or any other means, at any of your contact numbers or addresses, even if you are listed on any corporate, federal, state or other applicable "Do Not Call" or “Do Not Contact” list, in order that our Third Party Partners may provide the services set forth on the Site or for other purposes reasonably related to your service and/or product request to which you have expressed interest and the business of our Third Party Partners, including marketing-related emails.
PLEASE NOTE: submission of YOUR telephone number(s) and a best time to be called is YOUR authorization and request to be called at the telephone number(s) YOU provide.
When you complete a Third Party Partner’s offer displayed through the Site, which may include completing an inquiry form and providing personal information to the Third Party Partner directly, you become a customer of that Third Party Partner and are subject to its Privacy Statement. You may learn more about any of our Third Party Partners' privacy policies by visiting our Third Party Partners' websites. We are not responsible for the privacy practices or the content of our Third Party Partners' websites. Further, the Third Party Partner may independently send further communications to you, in which case you will need to contact the Third Party Partner directly if you wish to unsubscribe from future communications from it.
We may also transfer or share non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons visiting this site.
In order to provide the products or services you have requested, we may disclose the information we collect to companies that perform services on our behalf, such as email communications management firms or call center providers.
Other Purposes/Business Transfer
We may also disclose your personally identifiable information in response to a subpoena, court order, or other legal process. We may share your information with companies that are affiliated with us, that is, are our direct or indirect subsidiaries or parent or sister companies. As we continue to develop our business we might buy or sell companies, subsidiaries, or business units. In such transactions, customer information is generally one of the transferred assets but remains subject to the promises made in any pre-existing privacy statement. Should such a combination or acquisition occur, we will require that the new combined or acquiring entity follow this Privacy Statement with respect to your personal information. If we transfer ownership of the site to another company, we will notify you by email or by general notice on our site.
How We Protect Your Privacy
We protect your privacy in a number of ways. As an initial matter, any Financial Information transmitted to our servers via a secure server is encrypted using SSL technology. SSL is a protocol that transmits your communications over the Internet in an encrypted form. The protocol ensures that the information is sent, unchanged, only to the server you intended to send it to.
Once your Financial Information reaches our server, it is protected by a firewall. In addition to encryption and firewall protections, our Third Party Partners are required to operate in accordance with federal and state laws and regulations, including regulations relating to CAN-SPAM and rules promulgated by the FTC. If we learn that any of our Third Party Partners is breaching our agreement, we will take corrective actions including, if necessary, terminate our relationship with such Third Party Partner.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security or that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Statement. For example, third parties may unlawfully intercept personal data or access our servers and obtain personal data. Therefore, although we use industry standard practices to protect your privacy, we do not promise, nor should you expect that your personal information would always remain private. By using this Site, you agree that we cannot and do not guarantee the security of any data provided to or received by us through the Site and that any personal information, general information, or other data or information received from you through the Site is provided to us at your own risk.
If you wish to opt-out from receiving additional email offers, advertisements and promotions relating to this Site you may “opt-out” by sending an email to firstname.lastname@example.org with the subject line stating “Please remove me from Marketing lists”.
Notification of Changes to Privacy Statement
We may update this Privacy Statement at any time by posting a new Privacy Statement on the Site. Be sure to check the current terms of any Privacy Statement in effect by visiting this Site. By checking the effective date of the policy, you will be immediately alerted on whether the Privacy Statement has been updated. Please note however, that the updated Privacy Statement will go into effect automatically 30 days after initial posting.
From time to time, we may use your information for new, unanticipated uses not previously disclosed in our Privacy Statement. Please note that if our information practices change at some time in the future, we will use only data collected from the time of the new Privacy Statement amendment forward for those new purposes. If we make material changes to this policy, we will notify you of such change on our Privacy Statement, by email, or by means of a notice on our home page.
If you have any questions or suggestions regarding our Privacy Statement, please contact us at:
640 W California Ave, Suite 100
Sunnyvale, CA 94086
Attn: Legal Affairs Department
Special Notification for California Residents
Individual customers who reside in California and have provided their personal information may request information regarding disclosures of this information to third parties for direct marketing purposes. Such requests must be submitted to us at the following mailing address: CA Privacy Request, ATTN: California Privacy Information Request, RubyBag.com 640 W California Ave, Suite 110, Sunnyvale, CA 94086. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
Notification of Intellectual Property Rights Infringement
We are committed to uphold and respect intellectual property rights. If you are an intellectual property owner and believe that your rights have been infringed by materials on this webpage, please contact our DMCA Agent. Please provide the following information in your correspondence to us: your name and contact information, identification of the copyrighted work claimed to be infringed, identification of the material that is claimed to be infringing, and sufficient information for us to locate the material. Please include with your correspondence, (i) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you (copyright owner), your agent, or the law; (ii) a statement that the information you provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Internet Crime Complaint Center
Help protect yourself on-line. If you believe you have been a victim of Internet crime you can file a complaint with the Internet Crime Complaint Center (IC3), a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center. Their website is http://www.ic3.gov/.