FIRST CAST ENTERTAINMENT PRIVACY POLICY
1. General
This First Cast Entertainment Privacy Policy ("Privacy
Policy") applies to the First Cast Entertainment, LLC ("FirstCast")
website located at http://supportamericaunited.com (the "Website")
which is owned and operated by FirstCast. FirstCast respects the privacy of
its users whether they use the Website to: (a) email friends a link to the
Website; (b) contact FirstCast to request additional information about USAA
Presents "America United: In Support of Our Troops"; (c) submit their email
address to receive email updates about the Website and USAA Presents "America
United: In Support of Our Troops"; (d) email FirstCast if they are
experiencing technical difficulties with the Website; (e) donate money to a
general fund or sponsored charities; (f) submit a message of hope and key words
to the message of hope tribute page; (g) email a friend a message of hope; (h)
submit a photo and text to the military hall of fame; (i) email a friend their
submission to the military hall of fame along with a message; (j) send a friend
an email about the sweepstakes contest; (k) email a friend video clips; (l)
participate in a sweepstakes; or (m) simply view the Website. The Privacy
Policy is designed to inform you, as a user of the Website, about the types of
information that FirstCast may gather about or collect from you in connection
with your use of the Website. It also is intended to explain the conditions
under which FirstCast uses and discloses that information, and your rights in
relation to that information.
A. The Entire Privacy Policy
This Privacy Policy, together with the Terms of Use
Agreement located at http://supportamericaunited.com/terms_of_use.php,
and the First Cast Entertainment DMCA Notice located at http://www.supportamericaunited.com/dcma.php,
both of which are incorporated herein, constitute the entire agreement
between you and FirstCast regarding your use of the Website, FirstCast's
collection of information on the Website and FirstCast's use of such
information. For the avoidance of doubt, in the event of a conflict between
this Privacy Policy and the Terms of Use Agreement or other terms and conditions
posted on the Website, the Terms of Use Agreement will control.
B. Changes to the Privacy Policy
Changes to this Privacy Policy are discussed at the
end of this document. Each time you use the Website, however, the current
version of this Privacy Policy will apply. Accordingly, we ask that you
regularly review this Privacy Policy, and each time you use the Website you
should check the date of this Privacy Policy (which appears at the end of this
document) and review any changes since the last time you used the site.
2. Children
The Website is not intended for children under 13
years of age. FirstCast does not knowingly collect personal information from
children under 13.
3. Gathering, Use and Disclosure of
Non-Personally-Identifying Information
A. Users of the Website Generally
"Non-Personally-Identifying Information" is
information that, without the aid of additional information, cannot be directly
associated with a specific person or entity.
"Personally-Identifying Information," by
contrast, is information such as a name or email address that, without more,
can be directly associated with a specific person or entity.
(i) Web browsers
Like most website operators, FirstCast gathers from
users of the Website Non-Personally-Identifying Information of the sort that
Web browsers, depending on their settings, may make available. That
information includes the user's Internet Protocol ("IP") address, the
number of times a user visits the Website, accesses, operating system and
browser type, screen resolution, and the locations of the Web pages the user
views right before arriving at, while navigating and immediately after leaving
the Website.
(ii) Other Collection of
Non-Personally-Identifying Information
FirstCast may also collect information about the
amount of time a user spends on a particular Website Page.
(iii) Use of
Non-Personally-Identifying Information
FirstCast analyzes Non-Personally-Identifying
Information gathered from users of the Website to help FirstCast better
understand how the Website is being used. By identifying patterns and trends
in usage, FirstCast is able to better design the Website to improve users'
experiences, both in terms of content and ease of use. From time to time,
FirstCast may also release the Non-Personally-Identifying Information gathered
from Website users in the aggregate, such as by publishing a report on trends
in the usage of the Website.
B. Web Cookies
A "Web Cookie" is a string of information that
a website stores on a user's computer, and that the user's browser provides to
the website each time the user submits a query to the site. FirstCast uses Web
Cookies to track unique visitors and the pages that users visit during each
Website session, both to help FirstCast improve users' experiences and to help
FirstCast understand how the Website is being used.
As with other Non-Personally-Identifying Information
gathered from users of the Website, FirstCast analyzes and discloses in
aggregated form information gathered using Web Cookies, so as to help FirstCast,
its partners and others better understand how the Website is being used.
FirstCast does not attempt to link information gathered using Web Cookies to
Personally-Identifying Information.
FIRSTCAST USERS WHO DO NOT WISH TO HAVE WEB COOKIES
PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES
BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF
THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE
USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS
OF FUNCTIONALITY.
C. Pixel Tags
In our
emails to you, we may use "pixel tags" to determine if your email software or
service can display html-formatted email (this helps FirstCast optimize the
size of our email messages and conserve bandwidth).
4. Collection, Use and Disclosure of
Personally-Identifying Information
A. Website Registration and Making Contributions to
the Website
As defined above, Personally-Identifying Information
is information that can be directly associated with a specific person or
entity. FirstCast collects a range of Personally-Identifying Information from
and about Website users. Much of the Personally-Identifying Information
collected by FirstCast about users is information provided by users themselves.
For example, when users register with the Website, each user will provide their
first name, last name, gender, password, email address, street address, city,
state, zip code, telephone number and cell phone number. Each user may also
provide additional Personally-Identifying Information to FirstCast in the text
of an email he or she sends by means of the Website: (1) to FirstCast to
request additional information about USAA Presents "America United: In Support
of Our Troops"; (2) to FirstCast to report technical difficulties with the
Website; (3) to a friend when a user sends a friend a message of hope; (4) to a
friend when a user sends the friend the user's submission to the military hall
of fame; or (5) to a friend when a user sends the friend an email about the
sweepstakes contest or a link to a video clip. Each user may also provide
Personally-Identifying Information to FirstCast when they submit a posting to
the message of hope page or submit a photo and text to the military hall of fame
page.
Users of the Website are under no obligation to
provide FirstCast with Personally-Identifying Information of any kind, with the
caveat that a user's refusal to do so may prevent the user from using certain
Website features.
BY USING THE WEBSITE, YOU CONSENT TO THE USE AND
DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS
"COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION" SECTION.
B. On-line Forums
As described above, certain Personally-Identifying
Information collected from users is disclosed as a matter of course as a result
of those users' use of the Website. Because of the international scope of the
Internet, users around the world can view your postings on the Website. We
expect that you will use caution and common sense when using the Website.
USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING
FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.
C. Making Submissions Anonymous
Users may make their submissions to the messages of
hope tribute page and military hall of fame page anonymous by clicking to check
the box to indicate that you want to make your submission anonymous. If you
check the box to make your submission to the messages of hope page anonymous,
then your name, city of residence and state of residence will not be posted
along with your message. If you check the box to make your submission to the
military hall of fame page anonymous, then your first name and first initial of
your last name will not be posted along with your posting. Once you submit a
message to the messages of hope tribute page or the military hall of fame page,
you cannot then go back and change whether the message is anonymous or public.
D. DMCA Infringement Notifications, Notices of
Violations of Website Terms of Service and Other Communications Directed
to FirstCast
By submitting a Copyright Infringement Notification or
other communication (including communications about content stored on or
transmitted through the Website) to FirstCast, you consent to have such
communication forwarded to the person or entity who stored or transmitted the
content addressed by your communication, in order to facilitate a prompt
resolution. For Notices of Violations of Website Terms of Service or other
communications (but not DMCA Infringement Notifications), upon request
FirstCast will edit out your name and contact information. However, DMCA
Infringement Notifications (including any Personally-Identifying Information
set forth in the Notifications) will be forwarded as submitted to FirstCast
without any deletions.
E. Our Security Measures
FirstCast
takes reasonable precautions to protect the security of users'
Personally-Identifying Information. FirstCast has physical, electronic, and managerial
procedures to help safeguard, prevent unauthorized access, maintain data
security, and correctly use your information. However, neither people nor
security systems are foolproof, including encryption systems. Therefore, while
FirstCast uses reasonable efforts to protect your Personally-Identifying
Information, FirstCast cannot guarantee its absolute security.
F.
Information Security Policy
In the
event of a security breach, FirstCast will notify you at the most current email
address that you have provided to us. It is therefore extremely important that
you update us if you change email addresses and that you make sure that we
consistently have the most current email address for you on file. Unless a
different time period is mandated by the laws of the state in which you live,
any security breach notice will be sent to you in the most expedient time
possible following our discovery or notice of a security breach, and without
unreasonable delay, subject to any determination by a law enforcement agency
that notice would impede a criminal investigation, in which case the notice
will be sent once the agency determines that notice will not compromise the
investigation. If you would prefer to receive a security breach notice by U.S.
mail, advise us of that fact by writing us at: First Cast Entertainment, Post Office Box 13343
Gainesville, FL 32604 Attn:
Information Security Policy Enforcement.
G. Surveys
From time to time, FirstCast may also ask Website
users to participate in surveys designed to help FirstCast improve the
Website. Any Personally-Identifying Information provided to FirstCast in
connection with any survey will be used only in relation to that survey, and
will be disclosed to third parties not bound by this Privacy Policy only in
Non-Personally-Identifying form.
H. Website Updates
If users submit their email addresses to receive
updates about the site, FirstCast will email users about changes to the
Website. If a user wishes to opt-out of receiving such emails at any time
after signing up for the Website update service, they may do so by sending
FirstCast an email at InfoAmericaUnited@gmail.com.
I. Email to Friends Feature
If you choose to use our invitation
service to tell a friend about this Website or any of the features, programs or
postings on the website (including without limitation the sweepstakes program,
any materials you submit to the military hall of fame and any messages on the
messages of hope tribute page), we will ask you for your name and email
address, and your friend's name and email address. We will automatically send
your friend a one-time email from your email address inviting him or her to
visit the site. If your friend replies to this email, the response will be sent
to your email address. FirstCast stores your friend's name and email address
only for the purposes of sending this one-time email. Your friend may contact
us at InfoAmericaUnited@gmail.com to request that we remove this information
from our database.
J. Other Disclosures
As described in the previous sections titled
"Collection, Use and Disclosure of Personally-Identifying Information," users
may, at their option, disclose their own Personally-Identifying Information by
any means they choose, including without limitation through submitting photo
descriptions and making contributions to forums. FirstCast, will disclose
Personally-Identifying Information to FirstCast employees, contractors,
affiliates, partners, vendors and suppliers who process Personally-Identifying
Information on FirstCast's behalf or participate with FirstCast in the
provision or operation of the Website or the services provided by means of the
Website. FirstCast also will disclose Personally-Identifying Information under
the following circumstances:
- By Law or to Protect Rights - FirstCast discloses
Personally-Identifying Information: (1) when required to do so by law, or
in response to a subpoena or court order; (2) when FirstCast believes in
its sole discretion that disclosure is reasonably necessary to protect
against fraud, to protect the property or rights of FirstCast, other
users, third parties or the public at large; (3) if FirstCast believes
that you have abused the service by using it to attack other systems or to
gain unauthorized access to any other system, to engage in spamming or
otherwise to violate applicable laws; and (4) to comply with FirstCast's
policies.
- Marketing Communications - If users opt-in to
receive FirstCast and third party marketing materials upon registration,
FirstCast will email users about products and services that FirstCast
believes may be of interest to them. FirstCast also will provide users'
email information to third parties, so that those third parties may
directly contact users about additional products and services. If a user
wishes to opt-out of having their email information provided to third
parties at any time after registration, they may do so by sending
FirstCast an email at InfoAmericaUnited@gmail.com. Even after opting-out,
a user may continue to receive marketing emails from third parties to whom
FirstCast already has provided the user's email information. Users will
be responsible for directly contacting such third parties to request
cessation of further marketing emails.
- Business Transfers; Bankruptcy - FirstCast
reserves the right to transfer all Personally-Identifying Information in
its possession to a successor organization in the event of a merger,
acquisition, or bankruptcy or other sale of all or a portion of
FirstCast's assets. Other than to the extent ordered by a bankruptcy or
other court, the use and disclosure of all transferred
Personally-Identifying Information will be subject to this Privacy Policy,
or to a new privacy policy if you are given notice of that new privacy
policy and affirmatively opt-in to accept it. Personally-Identifying
Information submitted or collected after a transfer, however, may be
subject to a new privacy policy adopted by the successor organization.
5. Collection and Use of Information by Third Parties
A. Generally
Third parties are under no obligation to comply with
this Privacy Policy with respect to Personally-Identifying Information that
users directly provide to those third parties or that those third parties
collect for themselves. FirstCast neither owns nor controls the third-party
websites accessible through the Website. FirstCast does not own or control
Dowd Agency. Thus, this Privacy Policy does not apply to information contained
in press inquiries submitted to Jim Dowd of the Dowd Agency or information
provided to third party sites or gathered by the third parties that operate
them. Before visiting or contacting a third-party site or service, whether by
means of a link on the Website or otherwise, and before providing any
Personally-Identifying Information to any third party, users should inform
themselves of the privacy policies and practices (if any) of the third party,
and, if appropriate, should take steps necessary to protect their privacy
pursuant to such policies.
B. Links, Advertisers and Third Parties
Some parts of the Website may
link to the websites of unrelated third party companies that offer you the
option to share your personal information with them. FirstCast will not share
your personally identifiable information with those third party companies or
with the Dowd Agency. It will only be shared if you choose to provide it to
those third party companies.
Links to third party websites
and the contact information for the Dowd Agency are provided as a convenience
to you. FirstCast does not control the Dowd Agency or those sites or their
privacy practices, which may differ from ours. FirstCast does not endorse or
make any representations about any third parties or third party sites that may
be accessible through the Website. FirstCast encourages you to review the
privacy policy of any other website before submitting your personal
information. The personal data you choose to give to unrelated third parties
is covered by their privacy policies, not the FirstCast Privacy Policy. Some
third party companies may choose to share their personal data with FirstCast;
that sharing is governed by that third party company's privacy policy.
6. Privacy Policy Changes
FirstCast may, in its sole discretion, change this
Privacy Policy from time to time. Any and all changes to FirstCast's Privacy
Policy will also be reflected on this page. Unless FirstCast obtains your
express consent, any revised Privacy Policy will apply only to information
collected after such time as the revised Privacy Policy takes effect, and not
to information collected under any earlier Privacy Policies. FirstCast
encourages visitors to frequently check this page for any changes to its
Privacy Policy.
7. Contact Us
If you wish to contact FirstCast, please contact us
at: Marc Meisel at 718-928-2332 or InfoAmericaUnited@gmail.com.
This policy is effective as of and was last updated on
September 5, 2008.