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QuiXshare
International Privacy Policy
The
following privacy statement covers our current products
and services, as well as activities at our Web site,
Direct mail material, IVR Voice Telephone Promotions,
Cellular SMS text
messages. The QuiXbuX$® Rewards Program is a True Opt-In™
Rewards
Program. We firmly believe that both our Members and our
clients benefit because we ensure that we market only to
people who have given us express
permission to do
so. We are committed to the
Fair Information Practices of
clearly posting our policies on
Notice, Choice, Access and Security so that you make
an informed decision when you enroll
in the Program.
While
the word "privacy" may mean different things
to different people, we believe that once
you understand how we use your information, the steps we
take to protect it,
and the resulting
benefit to you, you will not only feel confident when
sharing
information
with us, but will also find your participation in the
Program a most
rewarding
experience.
Privacy
Commitment:
We do not rent or sell your Personally-Identifying
Information to anybody without your express consent. You
will not be contacted by any third
party without your
permission as a result of your participation in the
Program.
We welcome questions and comments about our Privacy
Policy.
If you want to contact us, we can be reached via
email or by telephone at: privacy@quixshare.com
or 808-395-1993 ext: 2
The QuiXbuX$®
Program and Web site are owned and operated by:
QuiXshare International, Inc.TM
1172
Nahoku Place,Suite 101
Honolulu, Hawaii 96825
This Privacy Policy was updated March 4th, 2001
How
Do We Use Your Personal Information.
- The date this Privacy Policy was last updated
will be posted on the first page of the Privacy
Policy. By registering as a Member of the QuiXbuX$® Rewards Program, you agree to the terms of this Privacy
Policy.
- We provide a set of definitions of the key terms
in this Policy. Please refer to these definitions in
our Privacy Glossary.
- We collect Personally-Identifying Information at
the time of enrollment, including first and last
name, email address, date of birth, gender, zip code
and country. This basic information is required if
you wish to enroll in our QuiXbuX$ Rewards Program.
- We also collect Personally-Identifying
Information from you through surveys and sweepstakes
and other promotions. Participation in these
offerings is optional, but you may be required to
provide Personally-Identifying Information
(including name and address) in order to be
eligible.
- We use "cookies" to personalize the
QuiXbuX$ Rewards Program to your interests, and most
importantly, to ensure that only you can access your
account. We also review "log-file" data to
monitor site performance and analyze traffic
patterns and usage of our site. Please also review
Automatically Collected Information for more
information about "cookies" and
"log-file" data.
- We occasionally send the information we gather
about our QuiXbuX$ Members to trusted third-party
data processors to organize, process and/or analyze
our data on our behalf to help us understand more
about Member participation in the QuiXbuX$ Rewards
Program. We use this information solely for the
purpose of enhancing the offerings of the QuiXbuX$® Rewards Program; namely to tailor advertisements,
updates, and QuiXbuX$-earning and spending offers to
your particular interests. All such third-party data
processors are contractually bound to observe the
strict policy stated herein, so you can rest assured
that the confidentiality of your
Personally-Identifying Information will be
maintained.
- We share certain data with our advertisers in
aggregate form, but the Program is designed to
ensure you are not identified personally to
advertisers unless you make the choice to share your
Personally-Identifying Information directly with
them.
- Occasionally, you may be offered the opportunity
to participate in an offer or service that, by its
very terms, will require us to forward your
Personally-Identifying Information to the
advertisers or partner so that they can provide the
service to you. This may include mailing address for
delivery of orders and gift certificates or, if you
join the QuiXbuX$ Rewards Program through another
member, or "retailers co-branded" web
site, your basic enrollment information. We will
require that these third parties comply with the
policy set forth in this Privacy Policy. As always,
we will provide clear notice of the special
circumstances at the point where the information is
collected and it is always your choice to
participate.
- In order to provide greater security and instant
QuiXbuX$-crediting, we now utilize "proxy
server" technology. This technology allows us
to immediately verify that you have completed a
specified transaction on one of our merchant sites
and looks for specific text forwarded to your
browser that indicates that an offer has been
completed. In this way we can verify in real-time
that you have completed an offer, and if
appropriate, immediately issue a QuiXbuX$ reward.
Our proxy server technology is activated when a
Member clicks on a QuiXbuX$®
merchant offer from either the QuiXshare
International website or from a QuiXbuX$Mail®
offer the Member has received from us. Our proxy
technology sits between your browser and the
merchant site and QuiXshare International staff
operates the proxy server technology within
QuiXshare International and our technology
partner’s facilities. While this technology does
allow us to collect other information relating to
your purchases, we are not collecting this
information and all privacy safeguards described in
this Privacy Policy are maintained.
- Although we house our data in the United States,
it is possible that some of our data processing may
occur outside of the United States. While the data
protection laws of these countries may vary, we will
make every reasonable effort to protect your
information based upon the express terms of this
Privacy Policy. By enrolling in the Program, you
consent to this transfer of your personal data.
- QuiXshare International may keep all information
collected in accordance with this Privacy Policy
indefinitely. Upon cancellation of your QuiXbuX$®
account, all Personally-Identifying Information for
your account is purged from our records.
- We reserve the right to release information to
local, state, or federal law enforcement officials
when we believe in good faith that the law requires
it, or when required to do so by order of a Court or
authorized administrative agency.
- We promise to be available to you during normal
business hours to answer any privacy-related
questions or concerns you might have. Simply send an
email to our Privacy Specialist at privacy@quixshare.com
who will respond in a timely manner.
- Please be aware that we may amend this policy at
our sole discretion. Upon any change to this policy,
we will notify you on your QuiXbuX$® Rewards Program home page and via your registered
QuiXbuX$® Rewards Program email address.
- We request that you Update Account Info when any
of your contact information changes. We will not be
held liable for failure to notify you of any changes
in the Program if you fail to update such
information in a timely manner.
- In the event of merger, acquisition or
bankruptcy, QuiXbuX$® Members are protected from any unilateral changes to
our Privacy Policy. A future purchaser may only use
your Personally-Identifying Information if that
party agrees to be a successor in interest to the
QuiXbuX$® Rewards Program and corresponding Privacy Policy. Any
substantial changes to the QuiXshare®
Privacy Policy will be preceded by a clear
notification of the proposed changes and opportunity
to Opt-In before such purchaser shall have any
rights to your Personally-Identifying Information.
Personal Option:
- The QuiXbuX$®
Rewards Program is a True Opt-In™ service. As a QuiXbuX$ Member of the Rewards Program,
you may enter and exit the Program at any time and
for any length of time.
- Sometimes a QuiXshare sponsored program, offer or
service provides special benefits to you but
requires the delivery of Personally-Identifying
Information to third parties and may exceed the
permission level you have granted under this Privacy
Policy. We still want to present you with the offer
because we think you will be interested in it, so we
will provide clear notice of the data practices at
the point of collection and it is always your choice
to participate.
- You are always free to close your account by
clicking Cancel QuiXbuX$® Account on our website or by phone, using the
unsubscribe link in all our mailings or by sending
an email requesting termination to memberservices@quixshare.com.
- You sign up for QuiXbuX$Mail®
mail when you enroll in the Program, and we contact
you via email with offers we think you will like and
reward you for reading them. We have a strict
Anti-SPAM policy, and you may turn off QuiXbuX$Mail®
at any time while still participating in the
QuiXbuX$ Rewards Program. QuiXbuX$Mail®
program participants are also eligible to receive
QuiXbuX$ Newsletter a bi-weekly mailing packed with
special offers, and filled with tips and updates as
well as feedback from Members.
- We also contact you via email for
administrative purposes, such as Reward Program
change notifications or if we update our Privacy
Policy. While you can elect to stop receiving email
through the QuiXbuX$Mail® program (as described above), you cannot unsubscribe
from these administrative messages while enrolled in
the QuiXbuX$ Rewards Program.
- Our Member Services department may contact
you in response to an inquiry you submit. Member
Services may also contact you with regard to a
particular problem that may have occurred with your
account or with an offer in which you may have
participated in. We may use this information to
learn more about your participation in the QuiXbuX$
Rewards Program and make it more relevant to your
interests.
- We offer you the choice to participate in offers
from our advertisers. While we make every effort to
ensure these third-party websites have posted
privacy policies, ultimately it is your decision
whether or not to share your Personally-Identifying
Information with them. As always, we recommend you
carefully read the site's privacy policy before
entering your Personally-Identifying Information, as
we will not be held liable for the information
practices of third-party websites.
- Members can Opt-In to receive communications
regarding the QuiXbuX$ Rewards Program and its
marketing partners via postal mail by participating
in our QuiXbuX$ by Mail!™
Rewards Program. At any time during participation in
the Rewards Program, a Member can enable or disable
this Opt-In by updating their personal profile in
the Update Account Info section in the Member
Services area.
Personally-Identifying
Information Access:
- QuiXshare International will provide convenient
access to the Personally-Identifying Information
provided by you during enrollment in the QuiXbuX$
Rewards Program for your review and correction. To
access your QuiXbuX$® account info, please visit Update Account Info or
contact memberservices@quixshare.com. You may also
review your complete account of QuiXbuX$-earning and
spending activity by viewing your Account Statement.
- We maintain rigorous Security Practices to ensure
as much as is reasonably possible that the
confidentiality of your Personally-Identifying
Information is not compromised.
- We use commercially reasonable efforts to ensure
the security for any credit card purchases made
through participation in the QuiXbuX$® Rewards Program.
Trusted Information:
- We do not rent or sell your
Personally-Identifying Information to anyone without
your express permission. When we do share
information with our advertisers, it is in aggregate
form, and does not identify you personally.
- We do not collect or use any information about
you except for information that you have provided to
us or is publicly available, and this information is
used solely to make the QuiXbuX$ Program more
relevant to your interests.
- We do not guarantee the content or information
practices of any third-party site. You alone are
responsible for determining the appropriateness of
sharing your Personally-Identifying Information with
our advertisers.
- We do not accept enrollment from persons under
the age of thirteen. As provided in the Terms of
Service, the QuiXbuX$®
Rewards Program is available only to persons who are
thirteen years of age and over. The site will
automatically block enrollment of any person once
they indicate they are under the age of thirteen. If
we later learn that a user is under the age of
thirteen, we will terminate the account and delete
the user's information. Inherent in the Program is
the responsibility of parents and/or guardians to
ensure that their children's privacy is protected.
QuiXshare International will not be liable for any
content or advertisements viewed by minor children
in violation of the terms of this agreement.
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Our
Privacy
Definitions
Aggregate Data:
We do not provide any of your Personally-Identifying
Information to our advertisers. Because we contact you
on their behalf, they do not have access to your
Personally-Identifying Information unless you make the
choice to share it with them. We may share
non-personally identifiable information collected via
the Program in aggregate (or grouped), anonymous form
with advertisers or other third parties so that they may
better evaluate what products and services are most
appealing to different segments of our member base, but
we do not disclose your last name, address, email
address, or any other personally identifiable
information to these third parties unless you give your
express consent.
Anti-SPAM Policy:
The QuiXbuX$® Rewards Program is a True Opt-In™ Program, and we have a strict policy on unsolicited
email. Because QuiXbuX$Mail® mail is an integral part of the Program, you sign up to
receive email targeted to your interests at the time of
enrollment. If you later decide you wish to cease
participation in this portion of the Program, you may do
so at any time by visiting Update Account Info and
turning the QuiXbuX$Mail® off.
Automatically Collected Information:
When you log on to the QuiXbuX$® Rewards Program website, the server automatically recognizes
you by your encrypted Member Key, also referred to as a
cookie. This cookie acts as a unique identifier, which
allows us to personalize the website to your specified
interests and allows you to access your own personal
information. It also allows us to keep track of your
activity on our site for crediting QuiXbuX$ to your
account. This information may be added to your personal
profile and used to target you with offers and
advertisements that are most relevant to your interests.
The Program makes active use of cookies; therefore,
participation in the Program is dependent on your
setting your browser configuration to accept cookies.
The Member Key, or cookie, automatically retrieves the
following information:
- Your browser type (e.g., Netscape 6.0)
- Platform-dependent information (e.g., Win 2000)
- Requested document (the page you're looking at)
- Referrer URL (the page you came from if within
the QuiXshare.com site)
- Date and Time of your visit
- Your registered QuiXbuX$®
account information
To
learn more about "cookies" and how they work,
you may wish to visit www.cookiecentral.com.
Additionally,
for each visitor to our website, our server
automatically recognizes the following:
- Host origin of the request (your IP address or
that of your ISP if using proxy servers)
- Referrer URL (the page you came from)
- Requested document (the page you're looking at)
- Referrer URL (the page you came from if
within the QuiXshare.com site)
- Your registered QuiXbuX$®
account information
- Date and time of your visit
This
information, sometimes called log-file or clickstream
data, is used to monitor site performance and ensure the
Program functions properly. It may also be appended to
your personal profile so that we may further tailor the
Program to your interests.
We currently use third-party cookies and clear pixel
GIF's (also referred to as "web beacons") to
measure page views. These devices, provided by Livestat,
allow us to identify unique visitors to our website and
acts as a counter for ongoing monitoring of site
activity. These commonly used counters collect no
Personally-Identifying Information, and as always, this
technology is only used to enhance the Program and make
it more relevant to your personal interests. . LiveStat
Privacy Policy: http://www.livestat.com/PrivacyStatement
Co-Brands:
QuiXbuX$® Rewards Members sometimes join through other Members, or
"co-branded," retailers Web sites in order to
take advantage of the services of both QuiXbuX$ and
Retailers Special programs. In these limited situations,
a co-brand Member's Personally-Identifying Information
collected at enrollment is shared with the participating
retailer so that they can provide the benefits of their
program as well. These special circumstances will be
clearly disclosed at the point where we collect this
information. With regard to the shared enrollment
Personally-Identifying Information, both the
participating site and QuiXbuX$® Rewards Program site will operate under this Privacy Policy.
Data Verification and Supplementation:
Data verification involves the use of third-party data
processing services to standardize and clean your
provided enrollment information so that it is easily
identified and accessed in our database. Data
supplementation involves appending any publicly
available information about you to your personal
profile.
In order to provide you with the most rewarding
experience, we might send your information to data
processors so that they can clean your address and
standardize to ensure it is most accurate and
up-to-date. Next, we might seek out any information
about you that is publicly available on the open market
and overlay this data onto ours for comparison purposes.
Information collected in this manner could include your
spending habits from a mail-order catalogue, demographic
information you provided in entering a sweepstakes, or
your financial history. All of this results in a Rewards
Program that is tailored to your personal interests and
provides you with the most relevant QuiXbuX$-earning
opportunities.
Personally-Identifiable Information:
Personally-Identifying Information refers to any
information that can be used to identify you as an
individual in any way. Enrollment in the QuiXbuX$®
Rewards Program is contingent upon your agreeing to the
Terms of Service and providing basic registration
information, including: first and last name, email
address, date of birth, gender, zip code and country.
All other information requested of you during your
participation in our Rewards Program is optional.
Security Practices:
QuiXshare International has established company-wide
security practices for your protection. These practices
include, but are not limited to, firewall security, the
use of appropriate encryption technology, and the use of
multiple levels of password security to limit access to
data on a "need to know" basis. The use of
encryption technology is also required of all clients
exchanging data with QuiXshare International. All
contractors and employees are required to familiarize
themselves with, and abide by, these safeguards.
Third-Party
Cookies:
Currently, we use third-party cookies for the sole
purpose of monitoring page views within the QuiXshare
International or QuiXbuX$ website. LiveStat, a trusted
third-party, places these cookies and you can view their
privacy policy here. These cookies collect no
Personally-Identifying Information and they are not used
to track your movement across websites. . LiveStat
Privacy Policy: http://www.livestat.com/PrivacyStatement
Third-Party Data Processors:
QuiXshare International may use trusted third parties to
collect, process and store your Personally-Identifying
Information. These third parties, including contractors,
sub-contractors and partners, are contractually bound to
preserve the confidentiality of your information and can
use Personally-Identifying Information only for the sole
purpose of providing services to QuiXshare
International.
Third-Party Websites:
While QuiXshare International makes every effort to
ensure that our advertisers post Privacy Policies and
observe appropriate data practices, we are not
responsible or liable for the content or data practices
of any third-party site, including those of our
advertisers. As always, it is up to you to control the
flow of your Personally-Identifying Information to any
third party. We recommend that you read the privacy
policy of all third-party sites carefully before
sharing your Personally-Identifying
Information with them.
True Opt-In™:
True Opt-In™ requires your express consent. QuiXshare
is fully committed to providing you with clear notice of
our data practices so that you are fully informed before
you make the choice to grant permission to us to use
your Personally-Identifying Information for
Program-related purposes. We are currently moving to a
double (or confirmed) Opt-In for new enrollment in an
effort to ensure that all our Members have voluntarily
signed up for the Program.
Unsubscribe:
You can always easily unsubscribe from the Program by
clicking on the unsubscribe link in all of our mailings,
writing to Member Services or by visiting Cancel
QuiXbuX$® Account. When you do so, all of your Personally-Identifying
Information is purged from our system.
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PRIVACY GLOSSARY
Here
are definitions for commonly used privacy and related
Internet terms.
A,
B,
C,
D,
E,
F,
I,
N,
O,
P,
S,
T,
W
Aggregate
information.
Information that may be collected by a Web site but is
not "personally identifiable" to you (see
definition below). Aggregate information includes
demographic data, domain names, Internet provider
addresses, and Web site traffic. As long as none of
these fields is linked to a user's personal information,
the data is considered aggregate.
Browser.
Also called a Web browser. Software that enables you to
search and or navigate through Web sites or
"browse" parts of the Internet, especially the
World Wide Web. Examples: Netscape Navigator and
Microsoft Internet Explorer.
Browser
cache.
A memory file in your Web browser that stores the
Internet addresses of sites you’ve recently visited.
This capability allows you to access sites quicker.
Bulletin
board.
A public area online where you can post a message for
everyone else to read. If you post a message to a
bulletin board, in nearly all cases, other member
participants will be able to contact you by e-mail.
Chat.
A
function that allows a group of people to communicate
simultaneously by typing messages to one another online.
Typically, everyone participating in the chat sees your
message as soon as you send it. Designated chat areas
are often referred to as "chat rooms," and any
individual or group of individuals you respond to in the
room will be able to contact you by e-mail.
Children’s
Online Privacy Protection Act. Also referred to as "COPPA." Often considered the
first widespread government regulation of privacy on the
Internet, this Act went into effect on April 21, 2000.
COPPA sets restrictions for Web sites that communicate
with children under 13. One of these restrictions
mandates that Web sites obtain "verifiable parental
consent" before engaging in ongoing communications
with a child.
Click
trail.
A record of all the Web page addresses you have visited
during a specific online session. Click trails tell not
just what Web site you visited, but which pages inside
that site.
Collaborative
filtering.
A
means of predicting the interests and needs of a
specific customer based on previously collected data
from a larger group of customers.
Cookie.
A block of text placed in a file on your computer's hard
drive by a Web site you've visited. A cookie is used to
identify you the next time you access the site. Cookies
cannot identify an individual user specifically unless
the cookie data is attached to personally identifiable
information collected some other way, such as via an
online registration form.
Domain
name.
The company, individual, or organization
"name" you use to access a Web site, e.g.
www.truste.org.
E-mail.
See
electronic mail.
E-mail
address. The computer version of a postal address. Like a postal address, it
contains information about who the e-mail recipient is
and where he or she resides on the Internet.
Electronic
mail.
Commonly referred to as e-mail, this form of
communication enables you to send messages and files
from your computer through an online service or the
Internet to one or more e-mail addresses.
Encryption.
Data that is scrambled into a private code for secure
transmission.
File
Transfer Protocol (FTP). A software protocol used to transfer files from a remote
host over a network to another computer; also used as a
command to execute the file transfer. Many systems
support "anonymous FTP," which lets you access
a remote host without having to provide your password or
user ID on the receiving system.
Identity
theft.
The use of personal information to falsely assume your
identity.
Infomediaries.
Persons or organizations that specialize in personal
information management for individual Internet users.
Internet.
A worldwide system of interconnected computer networks,
whose use is not controlled by any government agency or
central authority.
Internet
access provider.
See Internet service provider.
Internet
service provider (ISP). Also called an Internet access provider. A company that
provides direct access to the Internet for individuals,
companies, and institutions. Unlike commercial online
service providers, ISPs usually do not provide their own
content but may offer e-mail capability, browser
software, and direct links to sites on the World Wide
Web.
Newsgroup.
Topic groupings for articles and information posted by
readers of that group. If you post a message to a
newsgroup, other participants of the group will know
your e-mail address.
Online
service.
A proprietary, commercial network that provides a
variety of information and other services to its
subscribers. Commercial online services typically
provide their own content, forums (e.g. chat rooms,
bulletin boards), e-mail capability, and information
available only to subscribers.
Opt-in.
An option that gives you complete control over the
collection and dissemination of your personal
information. A site that provides this option is stating
that it will not gather or track information about you
unless you knowingly provide such information and
consent to the site.
Opt-out.
An option that gives you the choice to prevent
personally identifiable information from being used by a
particular Web site or shared with third parties.
Password.
A private, unique series of letters and/or numbers that
you create and must use to gain access to an online
service or the Internet, specific data available online,
or to make modifications to restricted-access software
(e.g. parental control software).
Personally
identifiable information. Information that can be traced back to an individual user,
e.g. your name, postal address, or e-mail address.
Personal user preferences tracked by a Web site via a
"cookie" (see definition above) is also
considered personally identifiable when linked to other
personally identifiable information provided by you
online.
Privacy
enhancing technologies. Software, tools and related policies that work to safeguard
your online privacy and security.
Privacy
seal.
Also
referred to as a "Trustmark." An online seal
awarded by TRUSTe to Web sites that agree to post their
privacy practices openly via privacy statements, as well
as adhere to enforcement procedures that ensure that
their privacy promises are met. When you click on the
TRUSTe Privacy Seal, you're taken directly to the
privacy statement of the licensed Web site.
Privacy statement.
A page or pages on a Web site that lay out its privacy
policies, i.e. what personal information is collected by
the site, how it will be used, whom it will be shared
with, and whether you have the option to exercise
control over how your information will be used. All
TRUSTe Web site licensees are required to post
comprehensive privacy statements.
Spam.
Also called junk e-mail. Unsolicited, unwanted e-mail
usually sent by advertisers. Spam is usually sent out to
thousands of unwilling recipients at once.
Spam
filters.
Programs that detect and reject spam by looking for
certain keywords, phrases or Internet addresses.
Third
party ad servers. Companies that display banner advertisements on Web sites that you
visit. These companies are often not the ones that own
the Web site.
TRUSTe
Watchdog.
An
easy-to-use consumer alternative dispute resolution
mechanism that allows you to bring your privacy-related
complaints about a TRUSTe-certified Web site. TRUSTe
serves as a liaison between you and the Web site to
reach an appropriate resolution to your privacy dispute.
Trustmark.
An online seal awarded by TRUSTe to Web sites that agree
to post their privacy practices openly via privacy
statements, as well as adhere to enforcement procedures
that ensure that their privacy promises are met. When
you click on the TRUSTe trustmark, you're taken directly
to the privacy statement of the licensed Web site.
Web
Beacons:
Web Beacons [aka clear Pixel GIF's, or "web
bugs"] are a relatively new tracking technology
that, in concert with cookies, can be used for tracking
and recording all kinds of behavior across web sites.
Because they are generally only 1X1 pixels in size
(about the size of a pin point), they are invisible to
you. We are committed to disclosing our use of web
beacons. We currently use web beacons in association
with the LiveStat cookie to monitor page views as a
counter within the QuiXshare web site. No
Personally-Identifying Information is collected in
association with these devices, and we do not use web
beacons to track your movement across sites. For more
information on web beacons, or "web bugs,"
please visit http://www.privacyfoundation.org/education.html.
LiveStat Privacy Policy: http://www.livestat.com/PrivacyStatement
Web browser.
See browser.
Web
site.
A collection of "pages" or files on the World
Wide Web that are linked together and maintained by a
company, organization, or individual. Anyone with a Web
site may be considered a content provider or a
publisher.
Webmaster.
Typically, an individual or an individual within a
company or organization assigned with the task of
updating and maintaining an individual Web site. The
Webmaster's e-mail address is often listed on the Web
site as the contact person for queries and questions
related specifically to the site's content and/or
format.
World
Wide Web.
A part of the Internet that links text, sound, and
images in the form of Web pages and sites.
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III.
Fair Information Practice Principles
A. Fair Information Practice Principles Generally
Over the past quarter century, government agencies in
the United States, Canada, and Europe have studied the
manner in which entities collect and use personal
information -- their "information practices"
-- and the safeguards required to assure those practices
are fair and provide adequate privacy protection.(27)
The result has been a series of reports, guidelines, and
model codes that represent widely-accepted principles
concerning fair information practices.(28)
Common to all of these documents [hereinafter referred
to as "fair information practice codes"] are
five core principles of privacy protection: (1)
Notice/Awareness; (2) Choice/Consent; (3) Access/Participation;
(4) Integrity/Security; and (5) Enforcement/Redress.
1.
Notice/Awareness
The most fundamental principle is notice. Consumers
should be given notice of an entity's information
practices before any personal information is collected
from them. Without notice, a consumer cannot make an
informed decision as to whether and to what extent to
disclose personal information.(29)
Moreover, three of the other principles discussed below
-- choice/consent, access/participation, and
enforcement/redress -- are only meaningful when a
consumer has notice of an entity's policies, and his or
her rights with respect thereto.(30)
While the scope and content of notice will depend on
the entity's substantive information practices, notice
of some or all of the following have been recognized as
essential to ensuring that consumers are properly
informed before divulging personal information:
- identification of the entity
collecting the data;(31)
- identification of the uses to
which the data will be put;(32)
- identification of any
potential recipients of the data;(33)
- the nature of the data
collected and the means by which it is collected if
not obvious (passively, by means of electronic
monitoring, or actively, by asking the consumer to
provide the information);(34)
- whether the provision of the
requested data is voluntary or required, and the
consequences of a refusal to provide the requested
information;(35)
and
- the steps taken by the data
collector to ensure the confidentiality, integrity
and quality of the data.(36)
Some information practice codes state that the notice
should also identify any available consumer rights,
including: any choice respecting the use of the data;(37)
whether the consumer has been given a right of access to
the data;(38)
the ability of the consumer to contest inaccuracies;(39)
the availability of redress for violations of the
practice code;(40)
and how such rights can be exercised.(41)
In the Internet context, notice can be accomplished
easily by the posting of an information practice
disclosure describing an entity's information practices
on a company's site on the Web. To be effective, such a
disclosure should be clear and conspicuous, posted in a
prominent location, and readily accessible from both the
site's home page and any Web page where information is
collected from the consumer. It should also be
unavoidable and understandable so that it gives
consumers meaningful and effective notice of what will
happen to the personal information they are asked to
divulge.
2.
Choice/Consent
The second widely-accepted core principle of fair
information practice is consumer choice or consent.(42)
At its simplest, choice means giving consumers options
as to how any personal information collected from them
may be used. Specifically, choice relates to secondary
uses of information -- i.e., uses beyond those
necessary to complete the contemplated transaction. Such
secondary uses can be internal, such as placing the
consumer on the collecting company's mailing list in
order to market additional products or promotions, or
external, such as the transfer of information to third
parties.
Traditionally, two types of choice/consent regimes
have been considered: opt-in or opt-out. Opt-in regimes
require affirmative steps by the consumer to allow the
collection and/or use of information; opt-out regimes
require affirmative steps to prevent the collection
and/or use of such information. The distinction lies in
the default rule when no affirmative steps are taken by
the consumer.(43)
Choice can also involve more than a binary yes/no
option. Entities can, and do, allow consumers to tailor
the nature of the information they reveal and the uses
to which it will be put.(44)
Thus, for example, consumers can be provided separate
choices as to whether they wish to be on a company's
general internal mailing list or a marketing list sold
to third parties. In order to be effective, any choice
regime should provide a simple and easily-accessible way
for consumers to exercise their choice.
In the online environment, choice easily can be
exercised by simply clicking a box on the computer
screen that indicates a user's decision with respect to
the use and/or dissemination of the information being
collected. The online environment also presents new
possibilities to move beyond the opt-in/opt-out
paradigm. For example, consumers could be required to
specify their preferences regarding information use
before entering a Web site, thus effectively eliminating
any need for default rules.(45)
3.
Access/Participation
Access is the third core principle. It refers to an
individual's ability both to access data about him or
herself -- i.e., to view the data in an
entity's files -- and to contest that data's accuracy
and completeness.(46)
Both are essential to ensuring that data are accurate
and complete. To be meaningful, access must encompass
timely and inexpensive access to data, a simple means
for contesting inaccurate or incomplete data, a
mechanism by which the data collector can verify the
information, and the means by which corrections and/or
consumer objections can be added to the data file and
sent to all data recipients.(47)
4.
Integrity/Security
The fourth widely accepted principle is that data be
accurate and secure. To assure data integrity,
collectors must take reasonable steps, such as using
only reputable sources of data and cross-referencing
data against multiple sources, providing consumer access
to data, and destroying untimely data or converting it
to anonymous form.(48)
Security involves both managerial and technical
measures to protect against loss and the unauthorized
access, destruction, use, or disclosure of the data.(49)
Managerial measures include internal organizational
measures that limit access to data and ensure that those
individuals with access do not utilize the data for
unauthorized purposes. Technical security measures to
prevent unauthorized access include encryption in the
transmission and storage of data; limits on access
through use of passwords; and the storage of data on
secure servers or computers that are inaccessible by
modem.(50)
5.
Enforcement/Redress
It is generally agreed that the core principles of
privacy protection can only be effective if there is a
mechanism in place to enforce them.(51)
Absent an enforcement and redress mechanism, a fair
information practice code is merely suggestive rather
than prescriptive, and does not ensure compliance with
core fair information practice principles. Among the
alternative enforcement approaches are industry
self-regulation; legislation that would create private
remedies for consumers; and/or regulatory schemes
enforceable through civil and criminal sanctions.(52)
a.
Self-Regulation(53)
To be effective, self-regulatory regimes should
include both mechanisms to ensure compliance
(enforcement) and appropriate means of recourse by
injured parties (redress).(54)
Mechanisms to ensure compliance include making
acceptance of and compliance with a code of fair
information practices a condition of membership in an
industry association;(55)
external audits to verify compliance; and certification
of entities that have adopted and comply with the code
at issue.(56)
A self-regulatory regime with many of these principles
has recently been adopted by the individual reference
services industry.(57)
Appropriate means of individual redress include, at a
minimum, institutional mechanisms to ensure that
consumers have a simple and effective way to have their
concerns addressed.(58)
Thus, a self-regulatory system should provide a means to
investigate complaints from individual consumers and
ensure that consumers are aware of how to access such a
system.(59)
If the self-regulatory code has been breached,
consumers should have a remedy for the violation. Such a
remedy can include both the righting of the wrong (e.g.,
correction of any misinformation, cessation of unfair
practices) and compensation for any harm suffered by the
consumer.(60)
Monetary sanctions would serve both to compensate the
victim of unfair practices and as an incentive for
industry compliance. Industry codes can provide for
alternative dispute resolution mechanisms to provide
appropriate compensation.
b.
Private Remedies
A statutory scheme could create private rights of
action for consumers harmed by an entity's unfair
information practices. Several of the major information
practice codes, including the seminal 1973 HEW Report,
call for implementing legislation.(61)
The creation of private remedies would help create
strong incentives for entities to adopt and implement
fair information practices and ensure compensation for
individuals harmed by misuse of their personal
information. Important questions would need to be
addressed in such legislation, e.g., the
definition of unfair information practices; the
availability of compensatory, liquidated and/or punitive
damages;(62)
and the elements of any such cause of action.
c.
Government Enforcement
Finally, government enforcement of fair information
practices, by means of civil or criminal penalties, is a
third means of enforcement. Fair information practice
codes have called for some government enforcement,
leaving open the question of the scope and extent of
such powers.(63)
Whether enforcement is civil or criminal likely will
depend on the nature of the data at issue and the
violation committed.(64)
B. Application of Fair Information Practice
Principles to Information Collected From Children
The fair information practice codes discussed above
do not address personal information collected from
children. They are, however, applicable to parents, in
light of the special status that children generally have
been accorded under the law. This status as a special,
vulnerable group is premised on the belief that children
lack the analytical abilities and judgment of adults.(65)
It is evidenced by an array of federal and state laws
that protect children, including those that ban sales of
tobacco and alcohol to minors, prohibit child
pornography, require parental consent for medical
procedures, and make contracts with children voidable.
In the specific arenas of marketing and privacy rights,
moreover, several federal statutes and regulations
recognize both the need for heightened protections for
children and the special role that parents play in
implementing these protections.(66)
1.
Parental Notice/Awareness and Parental Choice/Consent
It is parents who should receive the notice
and have the means to control the collection and use of
personal information from their children. The Commission
staff set forth this principle in a July 15, 1997 letter
to the Center for Media Education.(67)
In addition, the letter identifies certain practices
that appear to violate the Federal Trade Commission Act:
(a) It is
a deceptive practice to represent that a site is
collecting personal identifying information from a child
for a particular purpose (e.g. to earn points
to redeem a premium), when the information will also be
used for another purpose that parents would find
material, in the absence of a clear and prominent
disclosure to that effect; and
(b) It is
likely to be an unfair practice to collect personal
identifying information, such as a name, e-mail address,
home address, or phone number, from children and to sell
or otherwise disclose such identifying information to
third parties, or to post it publicly online, without
providing parents with adequate notice and an
opportunity to control the collection and use of the
information through prior parental consent.
This letter applies the Commission's Section 5
authority for the first time to the principles of notice
and choice in the online collection of information from
children. The principles set out in the staff opinion
letter form an appropriate basis for public policy in
this area.
To assure that notice and choice are effective, a Web
site should provide adequate notice to a parent
that the site wishes to collect personal identifying
information from the child,(68)
and give the parent an opportunity to control the
collection and use of that information. Further,
according to the staff opinion letter, in cases where
the information may be released to third parties or the
general public, the site should obtain the parent's actual
or verifiable consent(69)
to its collection.(70)
The content of the notice should include at a
minimum, the elements described above,(71)
but, in addition, should take into account the fact that
online activities may be unique and unfamiliar to
parents. Thus, a notice should be sufficiently detailed
to tell parents clearly the type(s) of information the
Web site collects from children and the steps parents
can take to control the collection and use of their
child's personal information. Where a Web site offers
children interactive activities such as chat, message
boards, free e-mail services, posting of home pages and
key pal programs, it should explain to parents the
nature of these activities and that children's
participation enables others to communicate directly
with them. Such notice empowers parents to monitor their
children's interactions and to help protect their
children from the risks of inappropriate online
interactions.
2.
Access/Participation and Integrity/Security
Since parents may not be fully aware of what personal
information a site has collected from their child, the
access/participation principle is a particularly
important one with respect to information collected from
children. To provide informed consent to the retention
and/or use of information collected from their children,
parents need to be given access to the information
collected from their children, particularly if any of
the information is collected prior to providing notice
to the parent. The principle of integrity, which
addresses the accuracy of the data, is also important
for children's information. Parents have an interest in
assuring that whatever information Web sites collect
from children or have otherwise obtained about their
children is accurate. This is particularly important in
contexts that involve decisions that impact on the child
or family, such as educational or health decisions. In
addition, since children's information is considered to
be a more sensitive type of information, sites should
take the same steps identified above to assure that
children's data is secure from unauthorized uses or
disclosures.
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