Effective as of December 15, 2009.
ESclips ("") recognizes that its customers, visitors, users, and others who use value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the ESclips . ESclips provides this Privacy Notice to help you make an informed decision about whether to use or continue usingESclips .
Please note that any video, image, or other content posted at the direction of Users onto the ESclips Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information ESclips Collects
- User Provided Information: You provide certain personally identifiable information (such as your name and email address) to ESclips when choosing to participate in various activities on the ESclips Sites such as uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
- Cookies Information: When you visit the ESclips Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. ESclips uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the ESclips Sites may not function properly if the ability to accept cookies is disabled.
- Log File Information: When you use the ESclips Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
- Clear GIFs Information: When you use the ESclips Sites, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
The Way ESclips Uses Information
- If you submit personally identifiable information to us through the ESclips Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the ESclips Sites.
- Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the ESclips Sites and other Users can contact you through messages and comments. Any videos that you submit to the ESclips Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
- We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major ESclips Site changes or for customer service purposes).
- We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the ESclips Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
When ESclips Discloses Information
- We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
- We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the ESclips Sites.
- We may release personally identifiable information and/or non-personally-identifiable 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, subpoena, or search warrant.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact ESclips with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
Third-party Advertisers, Links to Other Sites
ESclips does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks ESclips to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the ESclips Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
Our Commitment To Data Security
ESclips 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 ESclips and you do so at your own risk. Once we receive your transmission of information, ESclips 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.
If ESclips learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. ESclips may post a notice on the ESclips Sites 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 (or to withdraw your consent from receiving electronic notice) you should notify us using this contact form.
Our Commitment To Childrens Privacy
Protecting the privacy of young children is especially important. For that reason, ESclips does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the ESclips Sites from persons under 13 years of age without the verified consent and permission of a parent or legal guardian. If you are under 13 years of age, then please do not use or access the ESclips Sites at any time or in any manner without parental consent and supervision. If ESclips learns that personally identifiable information of persons under 13 years of age has been collected on the ESclips Sites without verified parental consent, then ESclips will take immediate and appropriate steps to delete this information. At all times, ESclips strives to protect children and provide a family-friendly site.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that ESclips 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 we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" above. 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 Notice in effect when we received the personal information you provided. Your continued use of the ESclips Sites constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.