BlueChowder's Privacy Policy:

If you have any questions or concerns, please contact us at: internalsupport@bluechowder.com

Privacy Policy

 

Effective Date:  June 21, 2008.

 

The BlueChowder.com website is owned and operated by Xzoosia, Inc. (“Xzoosia”, “we”, “us”).  Your privacy is important to Xzoosia, Inc.  This Privacy Policy outlines the types of personally identifiable information (such as email address, home address, or telephone number) and other information (such as cookies and log files that, when linked to your name or contact information, allows us to personalize your visit) that we gather while you are visiting the BlueChowder.com site (the “Website”), as well as ways in which we process and disseminate such information.  You are, of course, free to use much of the Website without providing any personally identifiable information to us.

 

Xzoosia reserves the right to change, modify, add, or remove provisions of this Privacy Policy.  Any changes to this Privacy Policy will be posted here, and we encourage you to check back from time to time to ensure continuing familiarity with the most current version of our Privacy Policy.  At the top of this page, we will indicate the "Effective Date" of the most recent version of the Privacy Policy; this will allow you to determine whether the Privacy Policy has been revised since your previous visit to the Website.  Please read this Privacy Policy as well as this Website’s Terms of Use carefully. Your use of this Website constitutes your acceptance to be bound by this statement and the Website’s Terms of Use without limitation, qualification or change. If at any time you do not accept all the terms and conditions contained herein and in the Terms of Use, you must immediately discontinue use of this Website.

 

What Information We Collect.

 

Non-Personally Identifiable Information.

 

IP Protocol Addresses and Web Logs

This Website’s web servers automatically collect the Internet Protocol addresses and log files, but not the email addresses, of visitors. This information is generally non-personally identifiable. 

 

Cookies

This Website may use a standard technology called a “cookie”, or web beacons or other similar technology to collect information about how you use the Website. Cookies reside on your computer and help the Website recognize your computer’s browser as a previous visitor. In addition, on occasion our site may also set a “session cookie” which helps us administer the Website. The session cookie expires when you close your browser and does not retain any information about you after it expires.

 

We currently contract with several online partners to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Web beacons and cookies provided by our marketing company on this site. The type of information we collect includes Internet Protocol addresses and log files.

 

Personally Identifiable Information.

 

Special Services

Although you may use many features of this Website without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the Website and are more likely to receive information suited to their interests. For example, when registration is offered, a registered user is eligible for additional services provided by this Website such as concert updates, chat room forums and/or personalized content. Our registration and special services sign-up forms may ask you for personally identifiable information (like your name or email address) and demographic information (like zip code, age or genre preferences). You must provide the requested information in order to receive the benefits of registration or of the special service.

 

Additionally, Xzoosia affiliates or third parties (such as our Website advertisers and e-commerce partners) may provide Xzoosia with personally identifiable information about you, which was not collected on the Website, and we may add such data to your membership information.

 

How We Use Information We Collect.

 

Non-Personally Identifiable Information.

 

We may use non-personally identifiable information to measure the number of visits, average time spent on the Website and pages viewed as well as to diagnose problems with our servers and to administer the Website. We may then use this information to analyze and improve the features and functionality of this Website. We may use information about you and other Website visitors on an aggregate basis to sell and deliver advertising, promotions and content that we believe will be of interest to you. In addition, we may share information with advertisers or other third parties that are not part of the Xzoosia family on an aggregate or other basis that does not disclose your identity or contact information.  Please note that we also may match non-personally identifiable information, such as your IP address, to your personally identifiable information in order to augment our ability to administer the site and create a more enjoyable experience for you. We will not include any such personally identifiable information in the statistical data we provide to advertising partners, unless you have consented to such disclosure or unless otherwise permitted under this Privacy Policy.

 

We may use your email address to send updates, a newsletter or news regarding the products or services offered on the Website as well as promotional material on behalf of some of our partners.  Users may choose not to receive email of this type by selecting the unsubscribe option at the bottom of newsletters or by sending an email to internalsupport@bluechowder.com                  

 

We use cookies to allow us to customize delivery of information on and through the Website. For example, this Website may use cookies to save and remember registration information or preferences that you may have set while browsing the Website, to keep track of your shopping cart when making any purchases, to ensure you don’t see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don’t have to re-enter it each time you visit our Website.

 

By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can “opt-out” of our ability to analyze such data by clicking here by sending an email to internalsupport@bluechowder.com

 

If you use a standard web browser, you should be able to modify your browser preference to provide you with choices relating to cookies; for example, you should have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, you may be unable to use certain Website services (e.g., those services that require you to log on to the Website in order to participate).  For more information on modifying your browser preference, please refer to the documentation accompanying your browser.

 

The Website may contain links to other Internet websites, which may or may not be owned or operated by Xzoosia.  We are not responsible for the privacy practices or the content of websites that are not owned and operated by Xzoosia, including such sites' use of any information (such as IP number, browser type or operating system) collected when visitors to the Website click through links to those sites.  Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of those sites.

 

Third Party Advertising

 

The advertisements on the Website are currently delivered to you by Xzoosia, Inc.  Information about your visits to the Website, such as the number of times you have viewed an advertisement (but not your name, address, or other personal information), is used to tailor advertisements to you.

 

Personally Identifiable Information

 

a.         Website: We may use personally identifiable information you give us to better tailor your website experience to your interests and needs, and to send you information about Xzoosia and its services. Email addresses are also used for purposes of inviting new people to join the Website, to add users to users’ networks, and to send notifications related to the products and services provided on the Website. We use other personally identifiable information that you provide to us to show you content in which you may be interested and to display the content according to your preferences.  Depending on the product or service you have selected from the Website, we may also collect personal health information including information regarding physical disabilities which may be necessary to provide to you the products and services you have selected from the Website.  Such information will only be used to provide you with reasonable access to the products and services provided on the Website.  We do not use cookies or web beacons to collect or store personal health information about you.  Personally identifiable information, user’s pictures and first names, may be displayed on the Website in order to facilitate user interaction in the Website network community.  Please choose carefully the information you post on your personal profile page on the Website.  Your profile may not include the following items: telephone numbers, street addresses, last names, any photographs or other content containing any objectionable matter as described in the Terms of Use. http://www.bluechowder.com/terms_of_use.php          

 

b.         Banner Ads.  Xzoosia sometimes uses individual data collected via the Website to "target" advertising - to decide which advertisements and sponsor messages to show to which members. As an example, if a certain advertiser wishes to display its advertising only to Website members that are 16 years old, Xzoosia uses member registration data to ensure that such advertiser's ads are displayed only to such members.  We license ad-server software from another company to place banner advertising on this Website. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our Website may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.

 

c.         Administrative Matters: Xzoosia reserves the right to contact you in the event of a change in the Website’s Terms of Use and/or this Privacy Policy, or to notify you of other administrative matters in connection with the Website (e.g., contacting you to facilitate, complete or confirm a transaction).

 

d.         Transactions With E-Commerce Partners, Vendors and Advertisers: When you provide personally identifiable financial information and other personally identifiable information to one of our Website’s e-commerce partners, vendors or advertisers, this transaction will occur in connection with the site of the e-commerce partner, vendor or advertiser, not on the Website, and, as such, the financial and other personally identifiable information you provide is collected pursuant to and controlled by the privacy policy of such e-commerce partner, vendor or advertiser. Xzoosia is not responsible for such parties' privacy policies and we encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information.

 

Please be aware that at times, at the request of or on behalf of our e-commerce partners, vendors or advertisers, Xzoosia may "pre-populate" forms with your personally identifiable data for your review, and, if you so choose, for submission to such e-commerce partners, vendors or advertisers; at other times, forms are pre-populated with your personally identifiable information in order to facilitate a transaction between you and Xzoosia with no such personally identifiable information being transmitted to Xzoosia partners, vendors or advertisers upon submission of such form. Accordingly, we encourage you to review each pre-populated form carefully before agreeing to submit your information to determine who is seeking to collect your information, and to familiarize yourself with the applicable privacy policy governing use of any personally identifiable information collected about you.

 

e.         Xzoosia Employees, Contractors and Agents: Xzoosia may employ other companies and individuals to perform functions on our behalf, such as processing of payments, operating features of the Website, or hosting or maintaining our servers. These other companies may have access to your personal information as necessary to carry out their functions, but, absent your consent, they are not permitted to share that information with any third party (other than as necessary to perform their duties).

 

f.          Online Surveys/Sweepstakes and Contests:  From time to time, we conduct online surveys and offer online sweepstakes or contests on the Website. These will ask you for your personally identifiable information (like name or email address) and demographic information (like zip code or age), as well as any other contact information necessary (like a physical address) for us to provide notifications or deliver requested materials related to the survey, sweepstakes or contest. We may use this information from our surveys, sweepstakes and contests to provide you with information about our company, and to contact you when necessary.  Please note that we may post relevant privacy information in the official rules and/or registration area for the sweepstakes or contest. That privacy information, to the extent it conflicts with this Privacy Policy, will govern that particular sweepstakes or contest.

 

g.         "Email This to a Friend" and "Tell a Friend": The Website may allow you to forward certain items posted on Website or links to other Website features by email or Instant Messenger to other parties who you believe may be interested. While, due to technical restrictions, the recipient's email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties (unless the recipient has already consented to such use of his/her personally identifiable information).

 

h.         Public Forums and Other Interactive Features: Because Xzoosia reserves the right to use content created or provided by you in connection with our chat room, forum, message board or news groups, to the extent that you include personally identifiable information in such content, Xzoosia may republish such personally identifiable information, as part of the content, in connection with the Website and promotion thereof.   If we republish your content, we may provide authorship credit by listing your member name as well. Please be aware that when you disclose personally identifiable information in a chat room, forum, message board or news groups on the Website, the information may become public and accessible to all or a part of the Website community and can in turn be used by those people to send you unsolicited communications, so it is important for you to exercise discretion and appropriate caution when deciding to reveal personal information in these areas.  For example, your e-mail address may be available to other Website members, who may send unsolicited e-mail to you.  In the event that you encounter any Website user who you believe is improperly collecting or using information about you or other users, visit our Help Page to send us an email with your request.

 

i.          Compliance With Applicable Law. Xzoosia may also access and disclose personally identifiable information in the event that we believe, in Xzoosia’s discretion, that such action is reasonably necessary to comply with government requests; to enforce the Terms of Use or other published guidelines; to protect Xzoosia, its users or others; to respond to circumstances that we feel constitute an emergency; or as otherwise required or permitted by applicable law. Please be aware that, in connection with the foregoing, Xzoosia may provide information about you gathered through other sites controlled, owned or operated by Xzoosia or Xzoosia affiliates to the extent permitted under the applicable privacy policy governing collection and use of such information.

 

j.          Opt-In/Opt-Out Policy: When you become a Website member or otherwise supply Xzoosia with personally identifiable information in connection with the Website, or from time-to-time in Xzoosia’s discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Website or Xzoosia. You may, of course, choose not to receive offers or other marketing communications from us as follows:

·                    Upon becoming a Website member, you can choose to receive no marketing communications from us. Please be aware, however, that, even under this option, you may still receive an initial member welcome message, as well as communications as appropriate to inform you of changes to the Website, this Privacy Policy or other administrative matters.

·                    At any time, you can follow a link provided in our newsletters or commercial email messages (but excluding e-commerce confirmations and other administrative emails) to unsubscribe from that particular mailing list or email service.

·                    You can have your contact preference changed to "Do Not Contact Me" at any time by editing your privacy settings from your BlueRoom.

·                    You can opt out of having your personally identifiable information shared with our affiliates for their direct marketing purposes at any time by using the “Ask a Question” tab on our Help Page.

 

If you decide to contact us to change your contact preference to "Do Not Contact Me", Xzoosia will implement this change to your Website profile within ten (10) business days of your request. Please be aware that your requested change will not be effective until Xzooosia implements such change and that such requests will be implemented only in connection with your Website profile, and will not impact any preferences you may have made to any other site controlled, owned or operated by Xzoosia or its affiliates. In addition, please keep in mind that even if you opt-out from receiving communications from the Website, residual information about you will remain within Xzoosia databases, access logs and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes; however, Xzoosia reserves the right, from time to time, to recontact former customers or users of the Website for administrative purposes or in order to comply with applicable law.

 

If you opt-in to the disclosure of your personally identifiable information to third parties, and you subsequently decide that you would like to discontinue receiving offers and other promotional materials from such third parties, you may need to contact those third parties directly in order to opt-out of further communications.

 

Please note that Xzoosia reserves the right to change its opt-in/opt-out practices by modifying or updating this Privacy Policy as set forth above.

 

The nature of some features of our Website may require that we share personally identifiable information about you with persons or companies outside of the Xzoosia family. For example, this may occur at a feature that enables you, via our Website, to ask questions of persons or entities that are not part of the Xzoosia family. By responding to those features of the site, whether by email or direct entry of information on the Website, you are consenting to our transferring that information to such persons or entities.

 

Policy Regarding Health-Related Personal Information

The Website may request certain health-related information in certain areas of its Website (e.g., regarding physically disabled seating requests).  Such information (to the extent it includes personally identifiable information) will be treated like all other non-health-related personally identifiable information under this Privacy Policy, and is subject to the opt in/opt out provisions described above.

 

Accessing, Updating or Deleting Information Collected About You

This Website also gives you the opportunity to modify or remove personally identifiable information that you have provided to us by way of this Website. You may do so by modifying your password-protected registered user information on the site. To the extent that such information is stored in our databases, we will respond to your changes immediately, although please understand that although this information, once deleted, is not available on the Website, that information may remain stored indefinitely in our backup and archival records. However, to the extent that such information is not stored in our databases, we cannot always ensure that these corrections or deletions will immediately reach such other databases.

 

 

Security of Your Personal Information.

XZOOSIA employs reasonable security measures consistent with standard industry practice, for information collected through this Website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on the Website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.  We cannot, however, guarantee that information supplied by users will not be accessed on our servers, or intercepted while being transmitted to us over the Internet. If you have reason to believe that there has been any breach of the security of the Website, please contact us at customerservice@bluechowder.com       

 

Please remember that security of the username and password you create when you register with the Website, is your responsibility; we recommend that you do not share them with anyone. If you share your username and password, you are providing access to your personal information. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Xzoosia of any unauthorized use of your username or password.

 

Sale or Merger.

If this site is sold to, or merges with, another company not owned by Xzoosia, you should expect that some or all of the information collected from the Website may be transferred to the buyer/surviving company. If so, Xzoosia will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

 

 

 

Offline vs. Online practices

Please note that this Privacy Policy applies solely to our online information gathering and dissemination practices in connection with the Website, and does not apply to any of our practices conducted offline, with the following exception: In the event Xzoosia merges information collected about you through offline means with data about you that is collected online and is stored in our databases, the use of the merged data will be subject to this Privacy Policy.

 

Contacting Xzoosia Regarding this Website.

 

If you have any questions concerning this Privacy Policy, you may send them by email to privacy@xzoosia.com . You must send any official correspondence via postal mail to:

 

Xzoosia, Inc.

Customer Service

P.O. Box 5000 PMB 50

Rancho Santa Fe, CA 92067

 

Leased Content

Neither Xzoosia nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, inauthenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Either Xzoosia or third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.

 

Legal Construction of this Privacy Policy.

This Privacy Policy and any Terms of Use provided on this Website shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Xzoosia brings to enforce this Privacy Policy or the Terms of Use, or in connection with any matters related to this Website and/or the Privacy Policy, shall be brought only in either the state or Federal courts located in San Diego County in the State of California. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Privacy Policy. You agree to file any cause of action with respect to this Privacy Policy within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

 

If any provision of this Privacy Policy, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Privacy Policy shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Privacy Policy shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Privacy Policy and the Terms of Use presented on this Website comprise the entire agreement between you and Xzoosia with respect to the use of this Website and shall not be modified except in writing, signed by an authorized representative of Xzoosia.

 

European Union and Other Foreign Nations

This Website is governed by and operated in accordance with the laws of United States of America (USA). Xzoosia makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the USA acknowledge this Website is subject to USA law, consent to the transfer of personal data to the USA, and waive any claims that may arise under their own national laws.