A. Our Commitment to Privacy
Mobcaster, Inc. (“Mobcaster”, “we”, “our” or “us”) realizes the importance of respecting and protecting your privacy.
B. Information Mobcaster Collects
Mobcaster collects the following types of information from Users of the Site:
1. Personally Identifiable Information
- 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
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
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.
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).
1. Compliance with Law and Fraud Protection
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:
- You can send an email to email@example.com; or
- You can send mail to the following postal address:
419 Lafayette Street, 2nd Floor
New York, New York 10003
- 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.
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 firstname.lastname@example.org. 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.
5. California Privacy Rights Under California Civil Code Section 1798.83
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: email@example.com
6. Users From Outside the United States
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
8. Contacting Mobcaster
419 Lafayette Street, 2nd Floor
New York, New York 10003
Effective Date: August 29th, 2011