Privacy Policy

A. Our Commitment to Privacy
Mobcaster, Inc. (“Mobcaster”, “we”, “our” or “us”) realizes the importance of respecting and protecting your privacy.

This privacy policy (“Privacy Policy”) discloses the information that Mobcaster gathers on the website www.mobcaster.com and related websites that Mobcaster owns (the “Site”) and on the TV show funding service owned and operated by Mobcaster (collectively with the Site, the “Service”), as well as ways in which Mobcaster processes and, sometimes, shares such information and how you can correct or change that information. Please also review our Terms of Use, which governs your use of the Service. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use.

Except where otherwise expressly indicated herein or on the Site, this Privacy Policy applies only to information collected on the Site and does not apply to information collected outside of the Site. Before using or submitting information to the Site please review this Privacy Policy carefully.

Certain areas of the Site contain information intended only for Users who create an account, join or otherwise register to use any of the Site (“Members”) and Mobcaster reserves the right to limit these areas to Members. This Privacy Policy addresses Mobcaster’s privacy practices relating to general use of the Site, as well as use of the Site by Members.

B. Information Mobcaster Collects
Mobcaster collects the following types of information from Users of the Site:

1. Personally Identifiable Information
Mobcaster may receive and store any information that you enter on the Site or provide to Mobcaster in any other way that would allow Mobcaster to identify you or contact you (collectively “Personally Identifiable Information”). The Personally Identifiable Information that you provide will be used by Mobcaster only in accordance with this Privacy Policy. Examples of Personally Identifiable Information Mobcaster may collect from you and use are:

  • your name and e-mail address if you are a Member or are otherwise asked to provide such information;
  • the e-mail addresses of those Users who post comments, stories, photos, videos and other content on the Site;
  • the names and e-mail addresses of those who communicate with Mobcaster by e-mail;
  • the names and e-mail addresses of those who specifically opt-in to special offers;
  • information you provide to Mobcaster in the course of making a Contribution;
  • information you provide about yourself when you post to the Site.

You can choose not to provide Mobcaster with certain Personally Identifiable Information, but then you may not be able to take advantage of many features of the Site, such as posting comments, registering to use certain restricted areas of the Site, participating in the Service, participating in various promotional opportunities or receiving e-mail alerts or newsletters.

2. Automatic Information

(a) Collected By Mobcaster

Mobcaster may receive and store certain types of information whenever you interact with Mobcaster through the Site. We automatically receive and record your browser information, operating system information, IP address, cookie information and the page you requested. This information will not be stored in a manner that is personally identifiable with you and may include the following:

(1) Aggregate Information

In connection with your visit to the Site, Mobcaster may automatically collect usage information, such as the numbers and frequency of Users and their characteristics and information about similar groups of Users, such as parents, certain age groups or Users that live in a particular geographical area. This data is only used in the aggregate as a statistical measure and not in a manner that would identify you personally. Aggregate information generally is collected through the use of cookies as discussed below.

(2) Cookies

Mobcaster uses “cookies” to help you access and navigate the Site more efficiently and to statistically monitor how many people are using the Site. A “cookie” is a small file or tool stored on your hard drive containing information that allows Mobcaster to deliver customized information to you. If you become a Member, Mobcaster may use cookies to store your e-mail address, Username, preferences and password so that Mobcaster can identify you when you return to the Site, track your use of the Site and customize the Site for you. You may set your browser to notify you of or decline the receipt of cookies. Certain features of the Site may not, however, function properly or be available if your browser is configured to disable cookies.

Mobcaster uses both “session” and “persistent” cookies on the Site. Session cookies are temporary bits of information that are erased once you exit your web browser or turn off your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of reasons, such as retrieving certain information you have previously provided (i.e., Username and password), helping to determine what areas of the Site you find most valuable and customizing the Site based on your preferences on an ongoing basis.

Many companies offer programs that help you to visit web sites anonymously. While Mobcaster will not be able to provide you with a personalized experience if Mobcaster cannot recognize you, Mobcaster wants you to be aware that these programs are available.

(3) Web Beacons

During your use of the Site, you may encounter Web Beacons, which may come from Mobcaster or from third parties that advertise or provide content on the Site. A “Web Beacon” (sometimes also called a “web bug” or "clear gif") is a small graphic image in a web page, a web-based document or an e-mail message that generally allows the party that set the Web Beacon to monitor certain information about the viewer of the web page, web-based document or e-mail message and may allow access to certain cookies. Web Beacons are usually invisible to the User because they are very small (generally 1-by-1 pixel). In general, however, any electronic image viewed as part of a web page, including an advertisement, can act as a Web Beacon. Web Beacons on the Site typically collect the URL of the page from which the Web Beacon originates, the type of browser requesting the Web Beacon, the IP address of the computer to which the Web Beacon is sent and the time that the Web Beacon was viewed. Certain Web Beacons used by third party advertisers or content providers may collect information that allows such third parties to determine how many people are viewing and/or clicking on certain advertisements or viewing certain content for purposes of helping these parties serve and manage their advertisements and content. These Web Beacons do not collect or store Personally Identifiable Information but they may, however, be used in conjunction with cookies to identify certain aggregate information about Users.

(4) E-mail Communications

When you send an e-mail to Mobcaster, either through the <Contact > button on the Site or otherwise, Mobcaster may retain your e-mail address and the contents of the e-mail that you send. If you want to keep the information in your e-mail(s) or posting(s) private or proprietary, please do not send such information in an e-mail or otherwise post such information to Mobcaster.

(b) Information Collected by Third Parties

Mobcaster may allow third parties to display advertisements on the Site. Mobcaster and these third parties may use tracking technologies, such as cookies and Web Beacons, to collect information about Users who view or interact with these advertisements and connect to the Site.

(1) Ad Servers

Mobcaster, its partners and/or advertisers may use third party ad servers to serve or present the ads that appear on the Site and to conduct research about the advertisements. Any of these ad servers may collect non-personal information, such as your browser, operating system, date/time of viewing, IP address and clickstream data. Mobcaster cannot control the activities of such advertisers or web sites. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH AD SERVERS.

The Network Advertising Initiative (NAI) is a cooperative group of ad serving providers. The NAI has developed a set of privacy principles to which its members adhere. The NAI is committed to providing consumers with clear explanations of Internet advertising practices and how they affect you and the Internet generally. For more information about the NAI, third party ad servers generally and the opt-out options offered through the NAI, visit http://www.networkadvertising.org/index.asp.

C. How Mobcaster Uses Personally Identifiable Information

1. Personally Identifiable Information

When you provide Mobcaster with your Personally Identifiable Information, Mobcaster may use it to manage Mobcaster’s registry of Members, facilitate communication between Mobcaster and you and/or between Members of the Site, notify you of features or special events and provide you with other information Mobcaster feels may be of interest to you. Mobcaster also uses information collected to customize, analyze, adjust and improve the Site to meet Mobcaster’s Users’ needs and expectations. Mobcaster also may use the information to oversee adherence to Mobcaster’s Rules and Conduct which are provided in the Terms of Use to enforce Mobcaster’s agreements with you, to prevent fraud and other prohibited or illegal activities and for other legally permissible purposes. These uses of your Personally Identifiable Information may include, without limitation, the following:

Mobcaster may use Personally Identifiable Information for the following purposes: (i) to provide and improve our Site, services, features and Content, (ii) to administer use of our Site, (iii) to enable full enjoyment and easy navigation of the Site, (iv) to better understand Users’ needs and interests, (v) to fulfill requests Users may make, or (vi) to personalize Users’ experience. We may use contact information to provide or offer (including via e-mail) software updates and product announcements, and to provide further information and offers—either from us or our affiliates—that we believe Users may find useful or interesting, including newsletters, marketing or promotional materials and other service and product information. Furthermore, Mobcaster will display Personal Information in Members’ profile pages and elsewhere on the Site. For example, in the case of a Member who provides funding for or ‘follows’ a Show, such Member’s profile will indicate that they are a funder or ‘Exec’ (but not the amount of their Contributions) or follower and will contain (if applicable) the Member’s full name company name, location, date joined, your Shows, the Shows funded, a bio, and any additional information you supplied for this profile. Under the ‘Exec’ tab on each Show Page, the date the Exec funded the Show and the number of other Shows funded by that Exec will be displayed.

Providing Mobcaster with Personal Identifiable Information, including an email address, indicates that you consent to receive any messages that Mobcaster or its affiliates may send.

Mobcaster may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Site’s features), to send electronic communications or to assist us in analyzing how our Site and Service are used. Mobcaster may provide Personal Identifiable Information to such third parties, and these third parties have their own privacy policies that protect personally identifiable information in a manner similar to these Terms of Use. Members agree that they are solely responsible for reviewing such third parties privacy policy and that Mobcaster is not responsible for such third parties unauthorized disclosure of Personal Information.

Additionally, as a result of Execs providing Mobcaster with an email address, such Members consent to the use of such email address by Showrunners with whom they have engaged so that such Showrunners can fulfill rewards to which Execs are entitled as a result of a Contribution.

2. Aggregate Information
The aggregate information collected by Mobcaster also is used to create profiles of the audience for the Site that include anonymous statistical demographic information but no Personally Identifiable Information. This aggregated information is used to, among other things, determine trends and needs and supply market research to potential advertisers and partners to help them understand the Site’s audiences. For example, Mobcaster may create a report that tells advertisers that thirty percent of Mobcaster’s Members are males under forty years, so that they can determine which of their products or services are most appropriate for Mobcaster’s Members.

D. With Whom Mobcaster Shares Information

Mobcaster reserves the right to use your Personally Identifiable Information to send you periodic e-mailings with information on new products and services, updates to Mobcaster’s Site or upcoming events.

You may at any time “opt-out” of having your Personally Identifiable Information as part of Mobcaster’s newsletter mailing list or otherwise (see “Opting Out” below).

From time to time, in Mobcaster’s sole discretion, Mobcaster may use your Personally Identifiable Information to send you important administrative information regarding the Site and related services or changes to Mobcaster’s Terms of Use and policies. Because this information may be important to your use of the Site and related services, you may not opt-out of receiving such communications.

1. Compliance with Law and Fraud Protection

Mobcaster may disclose any information, including without limitation Personally Identifiable Information, that Mobcaster deems necessary, in its sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. Mobcaster also may exchange information, including without limitation Personally Identifiable Information, with other companies and organizations for credit fraud protection, risk reduction and related activities or to protect the rights, property of safety of Mobcaster and its agents, employees or affiliates or others. Mobcaster reserves the right to disclose a User’s Personally Identifiable Information if Mobcaster believes the User is in violation of Mobcaster’s Terms of Use, even without a subpoena, warrant or other court order.

2. Sale or Transfer of Information

In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of Mobcaster or the Site, personal Information and/or other information collected about you from the Site may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of Mobcaster or the Site in order to permit the party to continue the operation of the Site, including the Member Areas. Subject to your ability to opt-out, you consent to the sale and transfer of your information as described in this paragraph.

3. Accessing, Updating or Deleting your Personally Identifiable Information
If you are a Member and would like to review, update or delete your profile, please log in to and select the account profile in which you would like to review, modify or delete information (i.e., the Personally Identifiable Information you have provided to us).

4. Opting Out

Mobcaster respects the privacy of your Personally Identifiable Information. If you tell Mobcaster that you do not wish to have this information used as a basis for further contact with you, Mobcaster will respect your wishes. You also may choose not to provide Mobcaster with certain information, but that may result in you being unable to use certain features of the Site.

You may instruct Mobcaster to stop sending you certain promotional materials (e.g., e-mail messages, newsletters, postcards and letters) by following the unsubscribe instructions provided in those materials. Mobcaster may, however, continue to contact you to provide service to your account. Please note that if you use more than one name or e-mail address when communicating with Mobcaster or participating on the Site, you may continue to receive communications from Mobcaster to any name and/or e-mail address which you have not specified in your opt-out request.

Mobcaster provides you with the following options for removing your Personally Identifiable Information from Mobcaster’s database for marketing purposes:

  1. You can send an email to feedback@mobcaster.com; or
  2. You can send mail to the following postal address:
    Mobcaster
    419 Lafayette Street, 2nd Floor
    New York, New York 10003
  3. You can opt-out of receiving the newsletter or Show-related notifications by changing the settings under the edit profile tab on your profile page.

E. Important Disclosures, Practices and Contact Information

1. Third Party Links

The Site contains links to third-party web sites. Please be aware that Mobcaster cannot control and is not responsible for the information collection practices of such web sites, which may differ from those of Mobcaster. Mobcaster encourages you to review and understand the privacy policies of these web sites before providing any information to them.

2. Data Security

Mobcaster maintains a variety of commercially reasonable physical, electronic and procedural safeguards designed to protect your Personally Identifiable Information from unauthorized access and disclosure. For example, Mobcaster uses accepted tools and techniques to protect against unauthorized access to Mobcaster’s systems. You should be aware that Mobcaster has no control over the security of other sites on the Internet that you might visit or with which you might interact even when a link may appear to another site from one of the Site.

Mobcaster wants you to feel confident using the Site but no system can be completely secure. Therefore, although Mobcaster takes steps to secure your information, Mobcaster does not promise, and you should not expect, that your personal information, searches or other communications will always remain secure. In the event of a breach of the confidentiality or security of your information, including your Personally Identifiable Information, Mobcaster will notify you as necessary and if possible so you can take appropriate protective steps. Mobcaster may notify you under such circumstances using the e-mail address(es) that Mobcaster has on record for you and/or by regular mail (if available). You also should carefully handle and disclose your Personally Identifiable Information. Please refer to the Federal Trade Commission’s web site at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

3. Children

Users who are children and young people older than 13 are entitled to access this Site to view its content. We do not knowingly collect Personal Information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@mobcaster.com. When the Site has actual knowledge that it collects information from children or offers a service directed toward children, it will comply with applicable laws, including the U.S. Children’s Online Privacy Protection Act.

4. Changes to this Privacy Policy

At any time without prior notice, Mobcaster may update this Privacy Policy to reflect changes in Mobcaster’s practices. When Mobcaster posts changes to this Privacy Policy, Mobcaster will revise the “Last Updated” date at the bottom of this page. Mobcaster encourages you to bookmark this Privacy Policy and to periodically review it to inform yourself of changes to it or any of Mobcaster’s other policies. Any changes to Mobcaster’s Privacy Policy will become effective upon Mobcaster’s posting of the updated policy. Use of the Site constitutes your acceptance of the terms of this Privacy Policy then in effect.

5. California Privacy Rights Under California Civil Code Section 1798.83

If you are a resident of California (“California Users”), in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from Mobcaster regarding the manner in which Mobcaster shares certain categories of Personally Identifiable Information with third parties for their direct marketing purposes.

Under the law, however, a business is not required to provide this information if it adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying California Users of their rights to prevent disclosure of personal information and providing a cost free means to exercise that right.

Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as Mobcaster has no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how it will handle your information.

Please note that Mobcaster is only required to respond to one request per customer each year. Mobcaster is not required to respond to requests made by means other than through this e-mail address: feedback@mobcaster.com

6. Users From Outside the United States

By visiting the Site, submitting information or using any of Mobcaster’s products or services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and consent to having your data transferred to and processed in the United States. If you do not agree to this Privacy Policy, please do not use Mobcaster’s Site.

The Site is controlled and operated by Mobcaster from the United States. Mobcaster does not represent or warrant that the Site, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. Mobcaster may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that Mobcaster chooses, at any time and in Mobcaster’s sole discretion.

7. No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties.

8. Contacting Mobcaster

If you have any questions about this Privacy Policy, the practices of the Site or your dealings with us, please feel free to contact Mobcaster at:
Mobcaster
419 Lafayette Street, 2nd Floor
New York, New York 10003
Fax: (646)448-4694
Email: feedback@mobcaster.com

Effective Date: August 29th, 2011