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Privacy Policy

 

ICBLIVE™ PRIVACY POLICY
1. Introduction

1.1 Purpose of Policy

InCommand ("us" or "we") is committed to respecting the privacy rights of its members, visitors, and other users (collectively, "members," "you" or "users") of its InCommand, websites [hereinafter collectively referred to as "InCommand"] This InCommand Privacy Policy is provided to help you make an informed decision whether to continue to visit and use InCommand, and to demonstrate our commitment to fair information practices and the protection of privacy. This policy is only applicable to InCommand, and not to any other websites that you may be able to access from InCommand, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy.

This Privacy Policy is incorporated into and subject to the InCommand Terms of Service. Both the Privacy Policy and the Terms of Service govern your interaction with InCommand, and your registration for and use of InCommand.

1.2 About the Service

The InCommand website [www.InCommand.com] is a web-based interactive multimedia communications service that allows members to interact and communicate with the InCommand community over the Internet by sharing their own media content and personal information. The ICBLive website [www.ICBLive.com] is a venue provided by INCOMMAND where InCommand Members who have registered for the ICBLive service can sell access to their content. Some of the InCommand services require registration. To utilize InCommand’s registration based services, each InCommand user must become a registered Member by creating his or her own profile, which contains Personal Information (defined further in Section 2.1(b) below) that the member chooses to include. Such Personal Information includes, but is not limited to, the member’s name, age, location, and other similar personal information; it may also include shared content uploaded by the member to InCommand, such as photographs, video and audio files, which may contain the member’s Personal Information and likeness.

1.3 Notice Concerning Children

PLEASE NOTE: InCommand and any products or services provided therein are limited to audiences fourteen (14) years old or older. InCommand does not direct any content specifically at children. If we learn or have reason to suspect that a user is underage, we will promptly delete any Personal Information in that user’s account.

2. Information Collection Practices

2.1 Types of Information Collected

INCOMMAND collects the following types of information about users:

(a) Non-Personal Information. When you use InCommand, our servers automatically record information that your browser sends whenever you visit any website. These server logs automatically track and collect the following categories of information when you visit our websites: 1. IP Addresses; 2. domain servers; 3. types of computers accessing the website; and 4. types of web browsers used to access the website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on InCommand. We also use "cookies" (defined in Section 2.3 below) in order to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, to store your password so you do not have to re-enter it each time you visit the site, and to restrict the access of users who have violated our Terms of Service.

(b) Personal Information. In order for you to access certain services that we offer via InCommand (including Membership registration, and the use of chat rooms and message boards), we require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: 1. Contact Data (such as your name, mailing address, e-mail address); 2. Demographic Data (such as your gender, age, occupation, location, and marital status); and 3. And Profile Data (such as your Member name, interests, and Content uploaded by you to InCommand, such as photographs, video and audio files, which may also contain your personal information and likeness). Additionally, if you communicate with us by e-mail, use any of the InCommand communication tools such as instant messaging, and video chat, or post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information. If you are a ICBLive Host (seller), we will collect your credit card information. We do not collect credit card information of ICBLive buyers.

2.2 Use and Sharing of Information

(a) INCOMMAND Use of Personal Information. INCOMMAND uses your Personal Information internally in order to promote and operate InCommand, and to introduce users to new features, areas or content of InCommand. For example, we use your Demographic and Profile Data to customize and tailor your experience on InCommand and/or services, displaying content that we think you might be interested in and according to your preferences. In addition, we use Contact Data to send you information about our Company or our products or services, or family-friendly promotional material from some of our partners, affiliates, or to contact you when necessary.

(b) Sharing of Non-Personal Information with Third Parties. We may share aggregate Traffic Data with third parties who assist us in understanding the needs of our Members and users, and to continually improve InCommand for them. We share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis.

(c) Sharing of Personal Information with Third Parties. We share Contact Data with ICBLive Hosts (sellers) with whom you have transacted business with. We also share Contact Data with our contractors who assist us by performing core services (such as hosting, data storage and security) related to our operation of the InCommand. Those affiliate companies and contractors have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information as necessary to carry out their specific contractual obligations to INCOMMAND. If you are a ICBLive Host (seller), we will disclose your credit card information to those companies that INCOMMAND uses to authorize and process credit card payments. Your credit card information will never be intentionally disclosed to any other Member or third party.

(d) Display of Personal Information. Any Personal Information (including video content) that you Post or otherwise disclose on InCommand (for example, on message boards or chat rooms, or within your personal profile page) becomes publicly available and can be collected and used by others. Your account name and other profile information (but not your email address) is displayed to other internet users when you upload videos or send messages through InCommand, and you can be contacted by other users who send you comments. Any videos or other content that you submit to InCommand (including any Personal Information contained therein) may be distributed through the internet and other media.

(e) E-mail Invitations. Members can invite friends to join InCommand by sending invitations via our automated invitation system. InCommand stores the email addresses that members provide so that the respondents may be added to the friend’s list of the member sending the invitations. Recipients of invitations from InCommand may contact INCOMMAND to request the removal of their information from our database.

Other Uses of Traffic Data and Personal Information. We may provide Traffic Data and Personal Information in response to subpoenas, court orders, or other legal process, or to establish or exercise our legal rights or defend against legal claims, and we reserve the right to cooperate with law enforcement investigations by providing Traffic Data and Personal Information to law enforcement officials without requiring a subpoena or court order in certain situations (for example, in case of threats to our Members).

2.3 Use of Cookies.

When you visit InCommand, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of InCommand may not function properly if the ability to accept cookies is disabled.

2.4 User Choice Regarding Collection, Use, and Distribution of Personal Information.

You may choose not to provide us with any Personal Information. In such an event, you will not be able to complete our Membership registration, or access and use those portions of InCommand that require your Personal Information. If you do not wish to receive information and promotional material from us or from our affiliate companies, you may select the appropriate "opt-out" option.

3. Confidentiality and Security of Personal Information

We will keep your Personal Information private and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property, or the safety, rights or property of InCommand users; or (c) enforce our Terms of Service and other guidelines available on InCommand and/or services. Your Personal Information is stored on secure servers, and INCOMMAND takes reasonable measures to protect such information from disclosure to or access by third parties. Please note that INCOMMAND does not guarantee the security of member account information or Personal Information, and there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the internet will be intercepted.

3.1 User Ability to Access, Update, and Correct Personal Information.

You are solely responsible for ensuring the accuracy of the Personal Information or other account information you submit to InCommand. Inaccurate information will affect the services you receive when using InCommand and our ability to contact you.

We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal profile in order to: (a) review and update your Personal Information; (b) choose whether or not you wish to receive promotional material from us or some of our partners.

3.2 Lost or Stolen Information

You must promptly notify us if your user account ID, or password is or you have cause to believe has been lost, stolen, or used without permission. In such an event, we will remove that user account ID, or password from your account and update our records accordingly.

3.3 Links and Public Information

For your convenience, InCommand contains links to other third party websites. We do not endorse and are not responsible for the privacy practices or the content of such websites. If you choose to link to third party websites, you should review the Privacy Policy posted on this other website in order to understand how the third party collects and uses your Personal Information.

Please understand that any information that is disclosed in chat rooms, forums, message boards and news group areas on InCommand becomes public information. We have no control over the use of such information and you should exercise caution when deciding to disclose your Personal Information on these areas of InCommand. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan horses, date or time bombs and other items of a destructive nature.

3.4 Texas Privacy Rights

Texas residents can ask companies with whom they have an established business relationship to provide (a) a list of the categories of Personal Information that a business has disclosed to third parties for direct marketing purposes for the immediately preceding calendar year, and (b) the names and addresses of such third parties. To request this information from INCOMMAND, please email us at support@InCommand.com; or write us at 633 W. 5th Street, 68th Floor, Los Angeles, CA 90071. We will respond to such properly addressed written requests. Please note that we are only required to respond to each customer once per calendar year.

4. International Users

InCommand is hosted in the United States and is intended for and directed to users in the United States. If you access InCommand from any region or country with laws or regulations governing personal data collection, use and disclosure that differ from United States law, please be advised that through your continued use of InCommand, which is governed by U.S. law, this Privacy Policy, and the InCommand Terms of Service, you are transferring your personal information to the United States, and you consent to that transfer.

5. Updates and Changes to Privacy Policy

We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the InCommand and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on InCommand.

 

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