MAYDAY 360, LLC
PRIVACY POLICY FOR MAYDAY360.COM
EFFECTIVE September 1st, 2010
Welcome to the Mayday360.com website (the “Site”), which is owned and operated by Mayday 360, LLC (“MD360”, “our”, “us” or “we”). Your privacy is important to us and we have prepared this privacy policy (this “Privacy Policy”) to explain to you how MD360 collects, uses and discloses information, documents and materials that we collect from you, or that is submitted on your behalf, either prior to, during or subsequent to your registration with us including, without limitation, Usage Data, Preregistration Information, Registration Information, Post-Registration Information, Uploaded Documents and Additional Communications (each, as defined below) (all of the foregoing, collectively, “Information”). Your use of the Site and/or any services provided by MD360 (collectively, the “Services”) constitutes your acceptance of the terms and conditions of this Privacy Policy. By accessing and using the Site and/or the Services, you consent to the collection, use and disclosure of Information as provided herein.
As used in this Privacy Policy, references to “you” and “your” shall mean a person who is using the Site and/or any Services, including, without limitation, a Subscriber and any Registered Family Member (each, as defined below).
Information We Automatically Collect
We may automatically collect certain information to help us understand how our users use the Site and the Services, including, without limitation, a user’s Internet Protocol (IP) address, the pages a user has visited, the date and time of visits, browser type and operating system type (which we will refer to in this Privacy Policy collectively as "Usage Data"). In addition, we collect Usage Data using technologies called "cookies". A cookie is a piece of data or text file on your computer that identifies you as a unique user. We use cookies for a number of purposes including, without limitation, to improve the quality of the Site and the Services and to make the Site and the Services easier to use. We may also combine Usage Data with other Information in a manner that enables us to trace Usage Data to an individual user, and we may also collect, use, preserve and disclose Usage Data in any manner that we collect, use, preserve and disclose other Information as provided herein (whether combined with other Information or otherwise).
We use certain third party tools and services to assist us in collecting Usage Data. Such tools and services include, without limitation, Google Analytics, a web analytics service provided by Google, Inc. Google Analytics also uses “cookies” to help analyze how users use the Site and its “cookies” collect anonymous traffic data.
Information You Choose To Submit or that is Submitted on Your Behalf
When a person visits the Site or contacts us to learn more about the Site and/or the Services, he or she may provide and we may collect certain information about such person and his or her family members (all such information, “Preregistration Information”). Preregistration Information may be collected, used and disclosed in the same manner as all other types of Information described herein notwithstanding the fact that the person to whom the Preregistration Information pertains may not have been, at the time of collection or at any other time, a Subscriber or Registered Family Member.
When a person subscribes for a membership plan (a “Plan”) through the Site (such person, a “Subscriber”), we will collect certain information about such Subscriber, including, without limitation, such Subscriber’s name, date of birth, home address, email address and credit card information. When a Subscriber registers for our family Plan, the Subscriber may designate certain of his or her family members to be included within such Plan (each, a “Registered Family Member” and, collectively, the “Registered Family Members”). We will also collect information about such Registered Family Members, including, without limitation, the name, date of birth and relationship of such Registered Family Member(s) to Subscriber (all such information relating to Subscriber and all Registered Family Members (if any), the “Registration Information”).
Following registration, additional information about a Subscriber and the Registered Family Members may be submitted. Such information may include, without limitation, such persons’ nationality, gender, driver’s license number, email address, eye color, hair color, height, passport information, and place of birth (all such information, “Post-Registration Information”). Additionally, copies of certain documents and materials may be uploaded to the Site pertaining to a Subscriber and any Registered Family Members, including, without limitation, (a) a personal photograph, (b) a United States passport, (c) certain travel documents and (d) certain vaccination documents (all such documents and materials, the “Uploaded Documents”).
In connection with the use of the Services, a Subscriber or Registered Family Member may be in contact with us or provide us with various information, documents or materials by phone, email, the Site, by smartphone application or otherwise, or such information, documents or materials may be provided on such person’s behalf (all such information, documents and materials, the “Additional Communications”).
For the avoidance of doubt, all of the foregoing information, documents and materials, including, without limitation, Usage Data, Preregistration Information, Registration Information, Post- Registration Information, Uploaded Documents and Additional Communications, shall all be included within the definition of “Information” as used in this Privacy Policy.
Disclosure and Use
Except as otherwise permitted in this Privacy Policy, we will not disclose a Subscriber’s and their Registered Family Members’ (if any) Information to any third party unless the third party is a “Permitted Recipient”. You agree that we may disclose all of such Information to the following "Permitted Recipients": (1) persons or entities that a Subscriber or any of the Registered Family Members permit to access the Information of Subscriber or any of the Registered Family Members (such permission being reasonably determined from such person’s actions in view of the circumstances), (2) with respect to a Subscriber or any Registered Family Members, to a United States embassy or consulate, at the request of a United States embassy or consultate, (3) to a person’s Registered Family Members (if any), (4) if a person is a Registered Family Member, to the Subscriber who purchased the family Plan pursuant to which such Registered Family Member utilizes the Site and/or the Services, and (5) third parties who assist us in operating the Site, providing the Services, processing credit cards, conducting our business or servicing such Subscriber or Registered Family Member (directly or indirectly).
We may also disclose Information to third parties in a manner that does not identify a particular individual. For example, and not by way of limitation, we may disclose aggregated or non- aggregated Information to marketing and research partners and/or for advertising, marketing and promotional purposes. In addition, we may also include Information on the Site, through the Services and in our advertising, marketing and promotional materials that describes the use and experiences of Subscribers and/or Registered Family Members who utilize the Site and/or the Services.
We may use a Subscriber’s or Registered Family Members’ Information, without disclosing it to third parties, for a variety of purposes. For example, we may use such persons’ Information to provide, maintain and improve the Site and/or the Services. If a Subscriber, Registered Family Member or other person has provided us with his or her email address, we may send him or her emails from time to time, including, without limitation, promotional emails informing such person of certain products or services being offered by us, our affiliates and our business partners. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. Note, however, that a Subscriber may not unsubscribe from receiving certain administrative-related emails relating to his or her Plan.
As part of the provision of the Services, Subscribers may receive emails or services from third parties, including, without limitation, travel alert emails (which are sent to the email address of the Subscriber). If at any time a Subscriber would like to unsubscribe from receiving such emails, we include detailed unsubscribe instructions at the bottom of each such email.
Other Authorized Disclosures
Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that we may use, collect, preserve, and disclose any information (including, without limitation, your Information): (1) in response to subpoenas, court orders, legal process or when otherwise required by law, or to establish, protect, or exercise our legal rights or defend against legal claims in our sole discretion; (2) to protect the rights and property of MD360 or the public, including, without limitation, the enforcement of this Privacy Policy and any membership agreement we may have with a person with respect to their use of the Site and/or the Services; (3) if we believe it is appropriate in order to investigate, prevent, or take action regarding unauthorized distribution of another's intellectual property or information or illegal activities; or (4) that is available to the general public.
We may, from time to time, assign or transfer all or a portion of the Information and our rights and obligations hereunder to one or more third parties (whether in connection with a sale of assets, a merger or otherwise), in which case the successor or assignee will agree to abide by the obligations under this Privacy Policy with respect to the Information transferred to such successor or assignee (unless otherwise agreed to by you and such successor or assignee).
Access To Your Account and Information
You acknowledge and agree that if a person has access to or use of your Information, or you otherwise permit third parties to access or use your Information (through your account, the Site, the Services or otherwise), MD360 has no responsibility or liability to you for any such person's, entity's or their designees’ access to, use or disclosure of your Information.
Any person who has access to your account can view, edit, delete and download certain Information that has been uploaded or submitted to the Site by clicking edit on the screen displaying such Information or linking to an Uploaded Document. For example, a Registered Family Member that is provided with access to a Subscriber’s account may view, edit, delete and download certain of the Information in such account.
There is other Information that cannot be directly edited or deleted through the Site. A Subscriber who wishes to edit or delete such Information should submit a request to MD360 using the contact information below. MD360 will review such request and respond within a reasonable period of time. Any such request will be subject to MD360’s rights under this Privacy Policy.
After a Subscriber ceases to be registered for a Plan, we will (subject to our rights under this Privacy Policy) delete all Uploaded Documents pertaining to such Subscriber and any Registered Family Members associated with such Subscriber (if any), and may (but shall not be obligated to) delete other Information pertaining to such persons. Notwithstanding the foregoing or anything in this Privacy Policy to the contrary, Information may be preserved by MD360 pursuant to our rights under this Privacy Policy, including, without limitation, Usage Data, Preregistration Information, Registration Information, Post-Registration Information, Uploaded Documents and Additional Communications.
Security
MD360 employs certain procedural and technological security measures that are reasonably designed to help protect Information from loss, unauthorized access, disclosure, alteration or destruction. None of such measures, or any data transmission over the Internet or any network, can be guaranteed to be perfectly secure or effective. As a result, while we try to protect Information, we cannot ensure or guarantee the security of any Information transmitted or submitted to us by you or on your behalf, and such Information is transmitted and submitted at your own risk.
Advertisements, Sponsorships and Promotions
The Site and/or the Services may contain advertisements, sponsorships and promotions of third parties (whether placed directly on the Site and/or through the Services by a third party or through third party ad networks or ad servers). This Privacy Policy does not cover any information (including, without limitation, any Information) that may be collected from you by any of such third parties in connection with such advertisements, sponsorships and promotions. You should be aware, however, that providers of third party advertisements, sponsorships and promotions on the Site and/or through the Services (whether placed through ad networks or directly by third parties) may utilize “cookies” and “web beacons” to collect non-personally identifiable information from you about your visits to the Site, the Services and/or other websites in order to provide advertisements, sponsorships and promotions about information, products or services that may be of interest to you.
MD360 is not responsible for any (a) information, products or services available on or through such advertisements, sponsorships and promotions, or (b) third party terms of use, privacy policies or information collection, use and disclosure practices. We recommend that you review all of terms and use and privacy policies provided by the applicable third parties.
Ability to Accept
By using the Site and/or the Services, you represent and warrant that you are competent to accept, and have accepted, the terms and conditions of this Privacy Policy on your own behalf and on behalf of your Registered Family Members, if any.
Your Consent
By using our Site and/or our Services, you consent to the collection, use and disclosure of Information in the manner we describe in this Privacy Policy.
Changes to our Privacy Policy
From time to time we may modify this Privacy Policy to reflect, among other things, changes in the law or our Information collection, disclosure and use practices and such modifications shall be effective upon posting the revised Privacy Policy on the Site and by placing a notice on the home page of the Site that this Privacy Policy has changed. Your continued use of the Site and/or the Services after a revised Privacy Policy has been posted signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes.
Privacy Relating to Children
If a Subscriber chooses our family Plan and adds Registered Family Members who are under the age of 18, the Subscriber hereby consents to the collection, use and disclosure of all Information submitted to or collected by us in connection with the use of the Site and/or the Services relating to such Registered Family Members.
Your California Privacy Rights
Under California Civil Code sections 1798.83, California residents are entitled to ask us for a notice describing what categories of personal information (as defined therein) we share with third parties for those third parties’ direct marketing purposes. California residents who would like a copy of this notice or who have questions or concerns about our privacy practices and policies may contact us at privacy@mayday360.com or write to us at Mayday360, LLC, ATTN: Privacy Coordinator, 825 Third Avenue, 40th Floor, New York, NY 10022. In your request, please specify that you want a "Your Mayday360.com California Privacy Rights Notice." Please allow 30 days for a response.
Additional Questions
Again, feel free to contact us any time if you have further questions about the Site. If you have any questions regarding this Privacy Policy, please contact us via email at privacy@Mayday360.com with the word "Privacy" in the subject line. Alternatively, you can write to us at Mayday360, LLC, ATTN: Privacy Coordinator, 825 Third Avenue, 40th Floor, New York, NY 10022. You can reach us by telephone at (866) 360-8549.
This Privacy Policy was last updated: September 1st, 2010.
This Privacy Policy is effective as of: September 1st, 2010