- through our Site (as defined below);
- mobile applications (such as those available on iPhone, iPad, Android, and other smart phone or table devices);
- applications on other computer or Internet based platforms (e.g., Those operating on videogame systems, set-top devices or smart tv's);
- telephone calls, emails, mail or other communication and content (such as pictures, video or other information) you provide us via the above or in non-electronic formats.
As used herein, “Site” refers to www.DarkElefant.com and other sites on the World Wide Web (including sites designed to be accessed by browsers using Wireless Application Protocol) originating in the United States, if they are owned and/or operated by DarkElefant.
DarkElefant reserves the right to modify the Policy in any way, at any time. Any and all such modifications will take effect immediately after DarkElefant provides reasonable notice. Notice may be given by any of the following: posting on Digital Devices; via electronic communication; in writing; and/or any other means that provides reasonable notice. Your further use of Digital Devices after such reasonable notice has been provided constitutes your acceptance of the modified Policy.
1. Personally-Identifying Information
DarkElefant, directly and through third parties (e.g., Facebook, Twitter, or vendors with whom we work), collects personally-identifying information in many places throughout our Digital Devices, for example: (a) when you register for the online newsletter or magazine subscriber-only area of Digital Devices, (b) enter contests and sweepstakes and participate in other online activities (including, but not limited to, surveys, chat rooms, games, and bulletin boards, or make a purchase in our online store), and/or (c) provide us Submitted Content. If you elect to connect your third-party website account (e.g., Facebook), you should assume that personally-identifying information contained in your profile at such third-party website (but not your password) will be provided to us. This personally-identifying information may include your picture, name, address (street address, city, state, and zip code), contact information (e.g., e-mail address and telephone numbers), and other identifiers that permit DarkElefant and/or third parties to contact you directly, gather information about you, or identify you.
DarkElefant uses personally-identifying information to award prizes and/or, with your permission, for promotional and marketing purposes. DarkElefant uses this information and outside records to offer promotions, products, programs, or services that may be of interest to you. If you prefer not to receive such offers from DarkElefant, please email [email protected] with the subject line UNSUBSCRIBE ME. Your “Unsubscribe” efforts can be undone by you if you enter another contest or opt into marketing communications in the future.
DarkElefant may also disclose personally-identifying information in response to legal process, such as a request by law enforcement, a court order or subpoena, or to protect the integrity of the Site if DarkElefant believes that a guest has committed unlawful or otherwise harmful acts.
If any individual submits content for publication, DarkElefant may publish his or her name and any other information submitted by that individual.
If guests elect to use any provided "E-mail to a Friend" referral service for informing a friend about this Site, DarkElefant asks for the friend's e-mail address and then sends an e-mail inviting the friend to visit the Site. This information is stored by the Site for the sole purpose of sending this e-mail invitation.
In addition, DarkElefant may share or disclose personally-identifying information about you to other companies or individuals if any of the following occur:
i. You provide us with Submitted Content>;
ii. DarkElefant uses third party service providers to provide products, services, content or functions on its behalf. In instances where they are providing work at our specific direction (e.g., sending emails, processing credit cards, or fulfilling subscriptions) we ask them to not use such information for any reason except to carry out the purposes for which DarkElefant hired them. In other instances where DarkElefant has not hired the third party provider (e.g., Facebook or Twitter widgets on our Digital Devices), these service providers maintain their own privacy policies with regards to your personally-identifying information;
iii. You have entered a contest or sweepstakes sponsored by a third party and you have agreed to permit the third party to share, disclose or otherwise use personally-identifying information, in which case the information may be shared with that third party for their use as permitted by their respective privacy policies, including direct marketing;
iv. DarkElefant needs to protect its legal rights (such as collecting money owed to DarkElefant)
v. DarkElefant must comply with applicable laws, regulations, and/or legal or regulatory process;
vi. In connection with a sale, merger, transfer, exchange, or other disposition (of assets, stock, or otherwise) of all or a portion of the business conducted by the Digital Devices.
2. Non-Personally-Identifying Information
DarkElefant, directly and through third parties, collects non-personally identifying information for purposes of Digital Devices administration and to compile aggregate information about usage of Digital Devices including by way of example, via widgets, beacons and cookies.
We may take your Personal Information and make it non-personally identifying, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). DarkElefant also shares this aggregate, non-personally identifying information with third parties for advertising and promotional purposes.
3. Purchase Information
4. IP Addresses
An IP address is a number that is automatically assigned to your computer by your Internet service provider whenever you log on to the Web. When you request pages from the Site, web servers automatically identify and log your computer’s IP address.
DarkElefant collects guests’ IP addresses only for the purpose of system administration and to report aggregate information to advertisers, corporate affiliates, consultants, and/or third parties who perform a particular service for DarkElefant. DarkElefant does not combine IP addresses with other personally-identifying information or compile any session activity reports by IP address.
You may occasionally get cookies from DarkElefant’s advertisers on the Site as well. The Site does not control these cookies, and they are not subject to the Policy. Advertisers do not have access to the Site's cookies.
6. Third-Party Advertisers
DarkElefant uses third party advertising companies and advertising networks to serve ads to you on its behalf when you visit the Site. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to the Site and other websites in order to provide advertisements about goods and services of interest to you.
Minors (individuals under 18 years of age) should always ask parents for permission before providing any personal information online. No information should be submitted to or posted on the Digital Devices by any Minor without the consent of a parent or guardian. Unless otherwise disclosed during collection, DarkElefant does not knowingly provide any personally-identifying information about Minors, regardless of its source, to third parties, nor is this information knowingly used by DarkElefant for any marketing or promotional purposes. Minors are not allowed to participate in contests on the Digital Devices.
Our website is intended for general audiences over the age of 18 and is not directed to person under the age of 18. If we obtain actual knowledge that a user is under 18, we will delete that user's personal information from our databases.
Whenever you disclose information online in chat rooms, message boards, or similar posting areas, that information can be viewed, collected, and used by anyone. Therefore, do not disclose any information in such areas that you do not want made available to the general public. DarkElefant is not responsible for the consequences of such disclosures including, but not limited to, unsolicited communications.
The Site has implemented appropriate safeguards to help prevent unauthorized access, maintain data security, and to make proper use of the information that DarkElefant collects. Nevertheless, no transmission of data over the Internet can ever be completely secure. Thus, while DarkElefant will use commercially reasonable security measures to protect your personal information, it cannot absolutely guarantee the security of any information that you provide. DarkElefant is not responsible for the actions of any third parties that may misappropriate any such information.
To unsubscribe from the DarkElefant Online newsletter and/or other electronic communications from DarkElefant, reply to the e-mail newsletters with “UNSUBSCRIBE” (and only “UNSUBSCRIBE”) in the subject line or follow the “unsubscribe” link at the bottom of the e-mail. You can also unsubscribe from promotional and marketing e-mails that you receive from Site partners by typing “UNSUBSCRIBE” (and only “UNSUBSCRIBE”) in the subject line in a reply to one of the Site partner’s e-mails to you or by following the “unsubscribe” link at the bottom of the e-mail.