SMELIVE.com Privacy Policy

For purposes of this Privacy Policy (“Policy” or “Privacy Policy”), the terms “we,” “us,” “our” and “SMELive.com” refers to SMELive.com, and SMELive.com and “you” and “your” refers to you, as a user of the SMELive.com service. SMELive.com also may power and host Third Party community web sites (“Third Party Sites”). SMELive.com Sites and Third Party Sites make up a community of social-networking web sites that we refer to here as the “Community Sites.” The Community Sites, using SMELive.com, allow registered users (“Members”) to create personal profiles online, display content, share information and comments, utilize services and establish a network of relationships – all within one Community Site or across multiple Community Sites. 

In order to operate the SMELive.com service and to provide our services, including, but not limited to, a social networking platform for sports, matching Participants with sponsors, sponsors with Participants, Participants with friends, fans, promoters, and businesses we must ask you to provide some information about yourself. “Participants” shall include, but not be limited to, athletes, drivers, riders, gamers, musicians, models, actors, entertainers and celebrities. SMELive.com is committed to providing a safe and secure website for people of all ages. We are dedicated to safeguarding all personal information collected online. Because children may visit this website, we employ special measures to help children protect their privacy while online. We do not ask children to disclose more personal information than is necessary for them to participate in a particular activity, and we take steps to prevent children from posting contact information without parental consent. We urge children to check with their parents before entering information on any website and we urge parents to discuss with their kids restrictions regarding the online release of personal information to anyone they don’t know.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers SMELive.com's treatment of personal information that SMELive.com gathers when you are on the SMELive.com Web site, SMELive.com -powered Community Sites, and when you use SMELive.com services.

This policy does not apply to the practices of third parties that SMELive.com does not own or control, or to individuals that SMELive.com does not employ or manage.

WHEN THIS PRIVACY POLICY APPLIES

This Privacy Policy applies whether you are accessing SMELive.com and/or SMELive.com Community Sites via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing as a Member or other user. This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement.  This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by us via SMELive.com or SMELive.com-powered Community Sites and does not cover any such information collected by any other company or third party, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from Sponsors, marketing companies or Advertisers and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

Your continued use of SMELive.com and/or SMELive.com Community Sites indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information and Other Information as described herein. We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions will be effective immediately upon posting. Notice of material changes will be posted on SMELive.com or SMELive.com Community Sites and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. We encourage you to check this Privacy Policy and the Terms of Use Agreement often for updates.

We are committed to protecting users' privacy. Keeping the Personal Information you share with us secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission online is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

ELIGIBILITY

Visitors to SMELive.com and SMELive.com Community Sites may participate in many activities without providing any personally identifiable information. However, if a user wants to participate in certain of our interactive features, we ask the user to register and provide us with the following information: the user's e-mail address and age information. When the person who registers indicates that he or she is under 13, we will either collect no personally identifiable information from that individual or inform the child that a parent's verifiable consent is required or we will collect the e-mail address of the user's parent in addition to the user's e-mail address. We use the parent's e-mail address to seek the parent's verifiable consent or notify the parent of his/her child's online activities and enable the parent to unsubscribe his/her child from a newsletter or other similar activity. Parents are also provided with the option to download a form to sign and fax to our corporate offices to provide verifiable consent for their child to participate in the services, which is located at Under 13 Form. If a user is under 13, we will not condition his/her participation in an online activity on the disclosure of more information than is reasonably necessary to participate in the activity. If you would like to review any personally identifiable information that we have collected online from your child, have this information deleted, and/or request that there be no further collection or use of your child's information or if you have questions about these information practices, you may contact us at privacy@SMELive.com, or via mail at SMELive.com, Attn: Privacy Under 13, P.O. Box 50872, Irvine, Ca, 92619.

If you are between 13 and 17 or under the age of majority where you live, before you use SMELive.com or SMELive.com Sites please review this Agreement with your parents or guardians. Until you reach the age of majority where you live, you certify that your parents or guardians have consented to your use, they have agreed to this Agreement on your behalf, and you agree to provide them with your current registration e-mail address and password at all times. You understand that your parents or guardians may ask us to modify or terminate your use or access, and we may do so at their request or for any other reason, at any time, without notice or responsibility to anyone.

By your use, you certify that you are at least 13 years of age or the required greater age for certain features and meet any other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features and/or do not meet other eligibility requirements, please discontinue using SMELive.com and SMELive.com Sites immediately and do not send any Information about yourself. If we discover that a user under age 13, does not have verified parental consent and/or has provided us with Personal Information or Other Information, we will delete it.

U.S. GOVERNING LAW

SMELive.com and SMELive.com Sites are established in the United States, meaning that you are accessing a community network in the U.S. SMELive.com and SMELive.com Sites are governed by and operated in accordance with the laws of the U.S. SMELive.com makes no representation that SMELive.com or SMELive.com Sites are governed by or operated in accordance with the laws of other nations. Please be aware that any Personal Information or Other Information you provide to us or we obtain as a result of your use of SMELive.com or Community Sites will be collected in the U.S. or transferred to the U.S. by or on behalf of the Community Sites. By using or participating in SMELive.com or Community Sites and/or providing us with your Personal Information or Other Information, you (i) consent to the transfer, processing and/or storage of any Personal Information and Other Information you provide to SMELive.com and/or the Community Sites, (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that SMELive.com and SMELive.com Community Sites will collect, transfer to, process and/or store and deal with your Personal Information and Other Information in accordance with this Privacy Policy and U.S. law. Consequently, you waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

REGISTERING WITH SMELive.com AND COMMUNITY SITES

• Joint Registration
  • When you become a Member of a SMELive.com - powered Community Site, you are registered with SMELive.com as well as that Community Site. Your e-mail address and password combination (collectively, “User ID”) gives you immediate access to your SMELive.com account and the SMELive.com -powered Member features offered on that Community Site. After you have registered at SMELive.com or your first Community Site, your SMELive.com membership makes joining other Community Sites easy. When logged in, SMELive.com recognizes you as a SMELive.com Member at all SMELive.com-powered Community Sites that you visit, so you need not login again. To join any additional Community Site that you visit, and gain access to your SMELive.com-powered Member features and services at that site, simply click the “Join Now” button. (Note that some Community Sites may set additional requirements for membership, such as geographic location or minimum age. Also note that, for your online privacy and security, if other people have access to your computer or Device, we recommend you log out of SMELive.com after visiting your Community Sites.)
  • SMELive.com, Sponsors and each Community Site that you join may have access to the updated registration and profile Information that you provide on SMELive.com, including, but not limited to, your e-mail address. Other information, such as information relating to your Postings or the Community Sites you have joined, also may be shared with your Community Sites. This information may be shared for various purposes, for example, to enforce cross-community Terms of Use Agreement violations such as spamming.
• Consents and Governing Policies By registering, you acknowledge and consent to us, tracking your activities and your use of SMELive.com and Community Sites. You also agree to this Privacy Policy and the Terms of Use Agreement. Please note that our use of your Information is governed by this Privacy Policy, while Community Sites’ use of your information may additionally be governed by their own privacy statements or policies.
• Non-SMELive.com Powered Offerings Please note that each Community Site’s integration with SMELive.com may be highly customized so, in addition to SMELive.com-powered offerings, Community Sites may provide features, functions, services, promotions, advertisements and other offers (as well as associated registration forms, requests for Information, “opt-ins” or “opt-outs” for communications, software downloads and the like) that are not powered by SMELive.com. Please take care when using any such non-SMELive.com powered offerings and familiarize yourself with the third-party policies and agreements, if any, that govern such use. We are not responsible for the use of any such non-SMELive.com powered offerings, or for the accuracy, use or misuse of any information that you may disclose or receive in connection with such use. If you have questions about whether a particular feature, function, service, offer or any other portion of a Community Site is powered by SMELive.com, you may e-mail us at privacy@SMELive.com or mail us at the address provided below.

COLLECTION, USE AND DISCLOSURE OF INFORMATION

“Personal Information” means information that would allow someone to identify you or contact you, such as your full name, e-mail address, physical address, telephone number, date of birth, blog, sponsorship application information or personal web site URL. “Other Information” means any information other than Personal Information that is collected by SMELive.com, SMELive.com Sites or SMELive.com-powered Community Sites. Other Information includes, but is not limited to, non-personally identifiable data regarding how Members and other users navigate and use SMELive.com, SMELive.com Sites and SMELive.com-powered Community Sites, including the number and frequency of visitors to each page, the length of their stays, the type of browser used (for example, Internet Explorer or Firefox), the operating system used (for example, Windows or Mac), the domain name of each user’s Internet service provider (for example, Comcast or AT&T) and certain other information (for example, “click stream” data). “Information” means, collectively, Personal Information and Other Information. “IP Address” means the number automatically assigned to your Device when you access the Internet, which our web servers use to identify where to send the information that your Device requests.

• Collection of Information
  • We collect Personal Information and Other Information about you when you provide it to us on SMELive.com or SMELive.com-powered Community Sites, including when you register or join a Community Site, participate in any services, features or functions of a Community Site, participate in promotions such as sweepstakes and contests, or in the course of any other exchanges of data, transactions and/or activities. As discussed in above, Community Sites that you join may also receive your registration Information and certain Other Information relating to your use of the Community Sites.
  • We may also ask you to provide us with Other Information, including demographic or similar information. If we link this Other Information with your Personal Information, we will treat it as Personal Information.
  • In addition, as part of our current and planned services we may, at any time, offer additional features that require you to register or otherwise provide Personal Information, including for example, credit card information, or we may require a fee to gain access to any portion of SMELive.com. You may choose not to provide certain Information, but then you may be unable to take advantage of or participate in SMELive.com or SMELive.com-powered Community Sites.
  • There may be times where we receive your Personal Information from a Third Party Site in order to provide SMELive.com-powered community and content-sharing services to you through that Third Party Site (including, for example, if you have directly provided personally-identifiable information to register separately with a Third Party Site and that information is then imported to SMELive.com pursuant to applicable privacy policies and law). There also may be circumstances when we receive personally-identifiable information about you from other sources and combine that with Information collected through the Community Sites. In each of those cases, we will use your Personal Information in accordance with this Privacy Policy.
  • We collect your IP Address when you visit or request pages from SMELive.com Sites or SMELive.com-powered Community Sites.
• Use of Information
  • We may use the Personal Information and Other Information that we obtain from you, to provide SMELive.com and to tailor your experience on SMELive.com and Community Sites.
  • We may use your Personal Information to send you notifications relating to Community Sites, including, for example, when someone posts a comment to your profile or when someone tries to contact you via a Community Site.
  • We may disclose non-personally identifiable information about Members and other users, such as web site usage statistics, to Community Sites and third parties. For example, when you join a Community Site, we may use your Information (without specifically identifying you) to personalize advertisements and offers or to report aggregate information such as how many Community Site Members are in a certain genre or enjoy a certain product or service.
  • We may use your Information for internal purposes (including, for example, reporting and enforcing cross-community violations of the Terms of Use Agreement) or for other purposes disclosed when you provide your Information. We may contact you regarding problems or questions we have relating to your use of Community Sites, or, in our discretion, to notify you of changes to this Privacy Policy, our Terms of Use Agreement or another policy that may affect your use of Community Sites.
  • We may make you aware of additional products and services that may be of interest to you or to contact you regarding site changes. You can choose whether to receive some, all or none of these communications.
  • You have the ability to indicate your interest in being contacted by Sponsors or other members. Your nonpublic personal information will be used to match you with Sponsors and other members. Once we match you with Sponsors and other members, we will indicate these to you and will give you the opportunity to receive information from them. If you choose to participate, we will share your personal information with such sponsors and other members. Sponsors are governed by their own privacy statements and policies, and SMELive.com is not responsible for their operations, including but not limited to their information practices.
• Disclosure of Information
  • SMELive.com, Sponsors you contact, and each Community Site that you join may have access to your registration and profile Information, including, but not limited to, your Personal Information.
  • We may employ third-party operational service providers to perform functions on our behalf for the purpose of administering and maintaining portions of SMELive.com or Community Site services, features, functions and operations and performing other services on our behalf, for example, sending communications on our behalf, analyzing data, providing marketing assistance and providing customer service. In order to provide such services, these operational service providers may have access to your Information and they will be required to handle it consistent with this Privacy Policy.
  • We do not share your Personal Information with unaffiliated third parties for their direct marketing purposes unless you first affirmatively agree to the disclosure when invited to do so (including, for example, by checking the checkbox provided). If you do agree to receive communications from an unaffiliated third party, your shared Personal Information will be subject to that third party’s privacy policy. Therefore, if you later decide that you do not want that third party to use your Personal Information, you will need to contact the third party directly. Please note that, once you are a SMELive.com member (either by registering at SMELive.com or a Community Site), if you agree to join an additional Community Site, you are asking us to provide your SMELive.com registration information to that additional Community Site so that you may register with them.
  • We may share your Information with unaffiliated third parties under the following limited circumstances:
    • When legally required to do so (for example, to respond to subpoenas, court orders or legal process) or at the request of law enforcement or other governmental authorities
    • If we believe your actions violate any law, regulation, the Terms of Use Agreement, this Privacy Policy, or any of our other terms and conditions, Rules, services, features or functions, or if you threaten the rights, property or safety of SMELive.com, SMELive.com-powered Community Sites, or any of its or their operational service providers, licensors, suppliers, Advertisers, customers, Members, users or any other party
    • If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to establish or exercise our legal rights or defend our interests, and/or to comply with our legal and regulatory obligations
    • In the event of a bankruptcy, merger, consolidation, acquisition, restructuring, transfer of control, joint venture, fundamental corporate change, or other business combination involving us

PROFILE PRIVACY SETTINGS

We offer you the ability to manage your profile and limit how much of your Personal Information is displayed and what communications you receive from SMELive.com, Members, Sponsors and Community Sites. When logged-in, you may manage your communication settings in the “Settings” section, by selecting “Communication Settings” and specifying your preferences. Profile privacy settings can be managed in the “Settings” section, by selecting "Edit" tab to the right of “Privacy Settings”. Privacy settings include:

• You may control other display and privacy settings, including, for example, how your profile name appears in search results and who may send you e-mail messages.
• You may delete comments posted to your profile. Please note that we also reserve the right, in our sole discretion, to remove any comments or other posts, originating from you or otherwise.

PUBLICLY DISCLOSED INFORMATION; PROFILES AND POSTINGS

To the extent allowed under applicable law, this Privacy Policy does not apply to any Information that you publicly disclose or display, or allow on your profile. Because your Member and Sponsor relationships or other people may view your Information and postings, please exercise caution whenever disclosing Information. You do not know who may access and use such Information, or for what purpose. We are not responsible for the accuracy, use or misuse of any Information you disclose or receive through these venues. Please refer to our Terms of Use Agreement for restrictions with respect to Postings. We reserve the right, in our sole discretion, to set certain limits on the availability of some or all SMELive.com-powered features on Community Sites.

Your profile may display Information to the general public, including display name, Profile URL, photo, your Member and Sponsor relationships, Community Sites joined and activity Feed (a "Feed" is a dynamic, list of the activities of you, your Member and Sponsor relationships, special users and communities). Postings to Community Sites also are displayed to the public. Publicly displayed Information and Postings may be indexed by third-party search engines and appear in search results on third-party web sites.

COOKIES

• Cookies To enhance your experience on SMELive.com and with Community Sites, we may use "Cookies." Cookies are small data files placed in your Device’s browser when you visit a Community Site. Cookies may be used for a number of purposes, such as tracking usage patterns, measuring the effectiveness of advertising, to help serve advertisements, limiting multiple responses and registrations, facilitating your ability to navigate Community Sites, and as part of a verification or screening process. Cookies automatically identify your web browser whenever you visit SMELive.com and Community Sites. Also, by recording how and when you use SMELive.com and Community Sites, Cookies help us determine which areas are popular and which are not. Additionally, accepting Cookies may allow you, among other things, to personalize your experience on SMELive.com and Community Sites. We do use session cookies to ensure that visitors under the age of 13 provide a parental email address to assist with our compliance with the Children's Online Privacy Protection Act. In the case of children using our website and services, we use parents' e-mail addresses to notify them when we have received personal information such as e-mail addresses from their children and to give parents the option to remove their child's name from our lists. Parents have the option to agree to the collection and use of their child's information without consenting to the disclosure of the information to third parties. Once you log out or close your browser, session cookies expire and no longer have any effect.
• Opting Out If you do not wish to allow for use of Cookies, you may generally opt-out of providing this information by setting your browser to reject Cookies or by controlling the preferences in third-party applications such as Norton Internet Security. If you do not wish for Cookies to track your specific activity, you may set your browser to reject Cookies, adjust your e-mail settings from HTML to text-only display, and control the preferences in third-party applications such as Norton Internet Security. However, please be aware that some areas of SMELive.com and Community Sites may not provide you with an acceptable user experience if you disable the use of Cookies.

THIRD PARTY ADVERTISERS, CONTENT PROVIDERS AND SERVICE PROVIDERS

When you visit Community Sites or Sponsor Profile, Advertisers may serve certain content, including, for example, advertisements. Advertisers also may set their own Cookies or other tracking technologies to identify your preferences, recognize you (if you have previously had contact with the Advertisers) and determine on which web site their advertisement was displayed and whether or not you clicked it. Third-party content providers and service providers also may use tracking technologies to determine how many times you have viewed their content or used their services. This information also helps advertising partners deliver targeted advertisements that they believe will be most relevant to you. We do not have access to or control the use of tracking technologies by third parties, what information they collect or how they use it. Third parties’ use of tracking technologies is subject to their own privacy policies. Therefore, we encourage you to investigate and ask questions directly of them in this regard.

SPONSORSHIP, BRAND INSIDER, SWEEPSTAKES, CONTESTS OR OTHER PROMOTIONS

If you participate in a sponsorship or brand insider program, sweepstakes, contest, or other promotion, your Information may be disclosed as required by law, for example, on a winners' list. Also, by entering a sponsorship or brand insider program, sweepstakes, contest, or other promotion, we may require you to consent to the use of your Information in advertising materials. In addition, we may offer you sponsorship or brand insider programs, sweepstakes, contests, or other promotions that are sponsored or co-sponsored by a third party. If disclosed to you on the promotion registration page and/or Rules, those third parties may obtain the Information that you submit for that promotion. We have no control over such a third party's use of your Information, and any such third party is not subject to this Privacy Policy.

LINKS

SMELive.com Sites and SponsorMeNow.com powered Community Sites may contain links to other web sites, whose information practices may be different from ours. You could be directed to other web pages or online content through links that are beyond our control. These other web pages may set their own cookies, collect information, and/or have their own privacy policies. This Privacy Policy only covers information collected by us at SMELive.com and SMELive.com-powered Community Sites, and we encourage you to review the privacy policy of any other web site you visit, including, Third Party Sites.

SECURITY

We maintain reasonable standards of security and confidentiality. For example, our data networks are protected by firewalls and we limit our employee access to SMELive.com and SMELive.com-powered Community Sites to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy. However, no data transmission over the Internet is 100% secure and, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications. As a result, we cannot guarantee or warrant the security of any information we receive and we are not responsible for the theft, destruction, or inadvertent disclosure of Information.

ACCURACY AND CONFIDENTIALITY

All Members and users of SMELive.com and SMELive.com-powered Community Sites are required to provide true, current, complete and accurate Information when prompted. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete Information or if you fail to update such Information. We may reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with our Terms of Use Agreement or this Privacy Policy. Bear in mind that when you submit Information to us, it does not guarantee that we will permit you to use any or all SMELive.com-powered features or functions.

Generally, you may review or update your Personal Information collected by SMELive.com and SMELive.com-powered Community Sites. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted and a change to this information may not be permitted. In addition, Information collected for certain purposes (such as entries for contests, sweepstakes or other promotions) is subject to corporate and regulatory recordkeeping requirements and will not be deleted upon request, unless the entrant is a person under the age of 13 years old. To review, update or delete Personal Information collected by SMELive.com and Community Sites, please log into your SMELive.com account and access the “Settings” section. Alternatively, you may e-mail the SMELive.com Privacy Administrator at privacy@SMELive.com (and be prepared to provide verification of your identity).

You are solely responsible for maintaining the strict confidentiality of your User ID (unique e-mail and password combination) for access to your SMELive.com account, and for any charges, costs, expenses, damages, liabilities and losses we may incur or suffer as a result of your failure to do so. You are solely responsible for your use of, and conduct on, SMELive.com and Community Sites, or any other related activity. You are solely responsible for any use of, and conduct on, SMELive.com and Community Sites, or any other related activity, by any others who use your User ID, unless and until you notify us that your User ID may have been compromised or improperly taken or used.

You also may deactivate your SMELive.com account through the “Settings” section within your account. If you deactivate or if we terminate your SMELive.com account, your public profile will be removed from SMELive.com and all Community Sites and we reserve the right to retain or delete your Information in our database, subject to our Privacy Policy.

 

 

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California, under California Civil code Section 1798.3, we can provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as "unsubscribe") or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please contact our Privacy Administrator at privacy@SMELive.com or:

SME, Inc.

Attn: California Privacy Rights

P.O. Box 50872

Irvine, CA 92619

 

All requests must be labeled “Privacy Rights” on the e-mail subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via e-mail) and indicate your preference on how our response to your request should be sent (e-mail or postal mail).We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

If you have other questions about this Privacy Policy, please contact our Privacy Administrator at privacy@SMELive.com or by postal mail sent to:

SME, Inc.

Attn: Privacy Administrator

P.O. Box 50872

Irvine, CA 92619

   

QUESTIONS

If you have questions about this Privacy Policy or how we collect, maintain, use or share your Information, you may contact us directly by sending an e-mail privacy@SMELive.com

This Privacy Policy was last modified on December 15, 2010 and is effective immediately.