Wednesday, June 6, 2007

Privacy Policy

Mesmo.TV Service Privacy Policy

Welcome to the Mesmo, Inc. ("Mesmo.TV") web site, and any other web sites, applications, or services operated or produced by Mesmo.TV (collectively, the "Mesmo.TV Service"). Mesmo.TV values the privacy of the users who visit and use the Mesmo.TV Service (collectively or individually, "You", “Your” or "Users").

By using the Mesmo.TV Service, you expressly consent to the information handling practices described in this policy.

This Privacy Policy is incorporated into and is subject to the Mesmo.TV Terms of Use. Your use of the Mesmo.TV Service and any personal information you provide through the Mesmo.TV Service are subject at all times to this Privacy Policy and the Terms of Use.

TABLE OF CONTENTS
  1. The Information Mesmo.TV Collects
  2. The Way Mesmo.TV Uses Information
  3. When Mesmo.TV Discloses Information
  4. Your Choices
  5. Data Security
  6. Children's Privacy
  7. International Visitors
  8. In the Event of Merger or Sale
  9. Changes and Updates to this Privacy Policy
  10. Effective Date, Date Last Modified
  11. Mesmo.TV Contact Information

1. The Information Mesmo.TV Collects:

Mesmo.TV collects the following information about its registered users (“Members”) and visitors to the Mesmo.TV Service (collectively, Members and Visitors are “Users”):

User-provided Information: You may provide to Mesmo.TV what is generally called "personally identifiable" information (such as Your email address, postal mailing address, or telephone number) if you log in to or register with the Mesmo.TV Service or otherwise use the features and functionality of the Mesmo.TV Service.

Member Information: When you register as a Member of Mesmo.TV, Mesmo.TV collects User submitted account information such as Your name, year of birth, and email address to identify you and send you notifications related to the use of the Mesmo.TV Service. Mesmo.TV also collects Member submitted information when you choose to participate in various activities on the Mesmo.TV Service such as posting videos, channels, comments and reviews, sending messages, posting “shouts” to other Users in the Shoutbox, subscribing to, watching, saving, tagging and rating videos and channels, and editing your profile, including Your favorite channels and videos, the channels and videos that You subscribe to, watch, save rate and share on the Mesmo.TV Service, Your ratings, comments and reviews, Your profile photo, gender, birthday, city, country, zipcode, website URL and details You provide in “about me”. Registering as a Member is optional, but required to access certain areas of the Mesmo.TV Service.

"Cookies" Information: When you access the Mesmo.TV Service, we may send one or more cookies - small text files containing a string of alphanumeric characters - to Your computer. Mesmo.TV may use both session cookies and persistent cookies. A session cookie disappears after you close Your browser. A persistent cookie remains after you close Your browser and may be used by Your browser on subsequent visits to the Mesmo.TV Service. Persistent cookies can be removed. Please review Your web browser "Help" file to learn the proper way to modify Your cookie settings. Please note that some features of the Mesmo.TV Service may not function properly if the ability to accept cookies is disabled.

"Automatically Collected" Information: When you access the Mesmo.TV Service or open one of our HTML emails, we may automatically record certain information from Your system on an anonymous basis by using different types of tracking technology, including clear GIFs (a.k.a. Web beacons). This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique device or user ID, browser type, system type, the content and pages that you access on the Mesmo.TV Service and the order of those pages, the amount of time you spent on particular pages, and the dates and times that you visit the Mesmo.TV Service.

2. The Way Mesmo.TV Uses Information:

Mesmo.TV uses the information that You provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Mesmo.TV Service as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable legislation.

We will use Your email address, without further consent, for administrative communications such as notifying you of major Mesmo.TV Service updates, for customer service purposes, or to contact you regarding any aspect of usage of the Mesmo.TV Service. We may also use Your email address to send you updates or news regarding the Mesmo.TV Service, but you may choose not to receive emails of this type by accessing "My Account" on the "My Videos" tab of the Mesmo.TV Service and updating Your notification settings. We may also use Your email address to send you a weekly update of new videos from channels that You have subscribed to, but you may choose not to receive emails of this type by accessing "My Account" on the "My Videos" tab of the Mesmo.TV Service and updating Your notification settings.

Mesmo.TV uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the Mesmo.TV Service works and looks, and to create new features and functionality. Mesmo.TV may use Automatically Collected information and Cookies to: (a) remember Your information so that you will not have to re-enter it during Your visit or the next time you access the Mesmo.TV Service; (b) monitor site usage metrics such as number of visitors and pages accessed, perform statistical analyses of user behavior and characteristics in order to measure interest in and usage of the various areas and features of the Mesmo.TV Service, and monitor the effectiveness of our marketing campaigns; (c) track Your entries, submissions, and status in any promotions or other activities; (d) provide You custom, personalized content, functionality and information; and (e) enable and enhance certain aspects of the Mesmo.TV Service. In addition, we may inform advertisers, on an aggregated, anonymous basis, of the number of Users and certain non-personally identifiable information about Users that have been exposed to, or clicked on, certain advertisements or otherwise exhibited usage patterns or behaviors.

Information such as Your full name and age will be public only when you choose to make it public in accordance with Your stated preferences. Information such as Your website URL, profile photo, city and country, and any personally identifiable information you have included (including information in “about me”) will be available on Your public profile. Your email address will not be available on Your public profile. Users of the Mesmo.TV Service will be able to search for You by name, age, gender, city and country.

Information about Your interests, favorite channels and videos, channels and videos watched, rated, saved, shared, discussed, reviewed and subscribed to and Users You mark as Your friends and other similar information will also be available on Your public profile if you choose to make this information public. You may choose to make this information only available to Users you have marked as friends or to make it private.

Any email messages you send to friends or Users through Mesmo.TV will show Your name or username and email address to friends or Users. Additionally, we use Your email address to contact you on behalf of Your friends.

Browser-type related information, IP address, requested URL, referring URL, timestamp data and other Automatically Collected Information may be used to help us diagnose problems with our server, administer the Mesmo.TV Service, and otherwise provide or enhance service to You.

3. When Mesmo.TV Discloses Information:

Mesmo.TV does not share Your personally identifiable information with other organizations for their marketing or promotional uses without Your express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the Mesmo.TV Service – such as when you mark such information as “public” for Your public profile – becomes publicly available and may be collected and used by Mesmo.TV or others without restriction.

We may disclose some limited User information to affiliated companies or other businesses or persons to: (1) provide web site hosting, maintenance, and security services; (2) fulfill orders; (3) conduct data analysis and create reports; (4) offer certain functionality; (5) assist Mesmo.TV in improving the Mesmo.TV Service and creating new services features. We require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

We do share non-personally identifiable information (such as anonymous User usage data, browser-type related information, IP address, requested URL, referring URL, number of clicks, and other Automatically Collected information) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements and promotions.

Mesmo.TV may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

Mesmo.TV also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to: take precautions against liability; protect Mesmo.TV from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; assist government enforcement agencies; protect the security or integrity of the Mesmo.TV Service; or protect the rights, property, or personal safety of Mesmo.TV, our Users, or others.

4. Your Choices:

You may, of course, decline to share Your personally-identifiable information with Mesmo.TV, in which case Mesmo.TV will not be able to provide to you some of the features and functionality found on the Mesmo.TV Service. You may update, correct, or delete Your user information and preferences at any time by following the directions here.

To protect Your privacy and security, we take reasonable steps to verify Your identity before granting you account access or making corrections to Your information. You are responsible for maintaining the secrecy of Your unique password and account information at all times.

5. Our Commitment to Data Security:

Mesmo.TV uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Mesmo.TV, and you do so at Your own risk. Once we receive Your transmission of information, Mesmo.TV makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards and we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner inconsistent with this Privacy Policy.

If Mesmo.TV learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Mesmo.TV may also post a notice on the Mesmo.TV Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy (at) mesmo.tv.

6. Our Commitment to Children's Privacy:

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE MESMO.TV SERVICE AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, Mesmo.TV does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Mesmo.TV learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Mesmo.TV Service, then Mesmo.TV will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a Mesmo.TV Service Member, then please contact Mesmo.TV at privacy (at) memso.tv to have that child's account terminated and information deleted.

The following are some resources that may help parents and legal guardians in monitoring and limiting Your childrens' access to certain types of material on the Internet. While Mesmo.TV does not endorse these products, we provide information about them as a public service to our community.


7. International Visitors:

For Users visiting the Mesmo.TV Service from the European Economic Area or other non-U.S. territories, please note that any data you enter into the Mesmo.TV Service will be transferred outside the European Economic Area or such other non-U.S. territory for use by Mesmo.TV and its affiliates for any of the purposes described herein. In addition, because Mesmo.TV operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the Mesmo.TV Service, you hereby expressly consent to such transfers of Your data to the United States or other countries.

8. In the Event of Merger, Sale or other Corporate Transaction:

In the event that Mesmo.TV is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

If Mesmo.TV should ever file for bankruptcy or have its assets sold to another entity, information that we have collected from Users will be treated as a Mesmo.TV asset and may be transferred.

9. Changes and Updates to this Privacy Policy:

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use Your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of the Mesmo.TV Service constitutes Your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain Your consent before implementing revisions with respect to such information.

10. Effective Date, Date Last Modified:

Privacy Policy effective as of June 5, 2007.
Privacy Policy last modified on June 5, 2007.

11. Mesmo.TV Contact Information:

Please contact Mesmo.TV with any questions or comments about this Privacy Policy, Your personal information, and our third-party disclosure practices or Your consent choices at: 88 King Street, #618, San Francisco, CA 94107 or by email: privacy (at) mesmo.tv. We will respond to Your inquiry within 30 days of its receipt.