Privacy Policy

This is the official privacy policy (“Privacy Policy”) for AutoMotoFoto.net

Overview: This Privacy Policy is intended to explain our privacy practices and inform you as to:

• The kinds of Personal Information we collect from users of the Site and how that information is collected;

• How we use your Personal Information;

• The circumstances under which we disclose Personal Information to third parties;

• How you can access, update or delete any Personal Information collected about you by us; and

• The mechanisms we have implemented to protect your Personal Information.

This Site is offered and made available only to users 18 years of age or older who reside in Canada, its provinces and possessions (“Canada”). If you are not yet 18 years old, or do not reside in Canada, please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide your Personal Information. This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Both the Privacy Policy and Terms of Use Agreement are legally binding on all users. We reserve the right to revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to either document will be posted on the Site’s homepage. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates. We may also e-mail you about these changes.

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

If you have other questions about this Privacy Policy, please contact our Privacy Administrator at info@automotofoto.net

GENERAL PRIVACY INFORMATION

This Site is designed and targeted to Canadian audiences and is governed by and operated in accordance with the laws of Canada. We make no representation that this Site is operated in accordance with the laws or governed by other nations. By your participation in our Site activities, you certify that you are at least 18 years of age and a resident of Canada. If you are located in the European Union or elsewhere outside of the Canada and you participate in activities on this Site contrary to our policy that Canadian residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information you transfer to us will be transferred to Canada and subject to Canadian law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer of Personal Information to Canada, and waive any claims that may arise under your own local and national laws. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our corporate affiliates, marketing companies, or advertisers, promotional partners, and sponsors (collectively, “Advertisers”). This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site or a participant in our features and activities.

Collection and Use of Personal Information: When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to any of the AutoMotoFoto Media Inc. family of companies. For example, if you order any of our various merchandise or goods (“Products”), in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number, and information about your computer’s internet address and web site which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as Sensitive Personal Information and is collected via a secure transmission.

We collect Personal Information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in promotions, ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.

It is your responsibility to give us current, complete, truthful, and accurate information and to keep the Personal Information that you provide us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.

You are solely responsible for maintaining the strict confidentiality of your user name and password and for any changes, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features of functions of the Site.

a. Collection of Personal Information During Registration. To register as member of AutoMotoFoto.net, you are required to select a user name and password, plus email address, gender, date of birth and zip code. Additional Personal Information requested during the registration process (but not required) may include, but is not limited to, first and last name, cable/satellite provider, ethnic information, and annual income. We will allow you to change your password, as well as any Personal Information or Sensitive Personal Information you have given us in order to keep this information current. Among other things, this information helps us securely identify you as a registered or permitted user of those features and functions. Certain Personal Information, such as your user name and date of birth, cannot be changed.

All member benefits are free. You will also have an option to subscribe to a selection of free email newsletters by opting-in on the registration page. If you are a registered user, you acknowledge, understand and hereby agree that you are giving us your consent to track activities and your use of the Site and its functions and features, in connection with your registration. You also agree to this Privacy Policy and our Terms of Use.

b. Collection of Personal Information During Registration or In Connection with Certain Features and Functions. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions of the Site, including chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.

1. The “Contest” feature on this Site does not require you to be a registered member. You may join the “Contest” by submitting your name, answer via an email to info@automotofoto.net

2. If you wish to participate in the chat features offered on this Site, you will be asked to create a nickname or pseudonym and password to be used when logging into the chat room as well as for your first and last name, e-mail address, gender, certification of age 18+, and zip code. Providing your real name is required and omitting this information in the registration form will not allow you to access the chat features. Your real name will not be disclosed to third parties, except for the circumstances detailed below in section (9). If you choose to post your real name, you acknowledge, understand and agree that we assume no responsibility for the collection, use or misuse of your name which would be publicly accessible information to other visitors to the AutoMotoFoto.net Site.

3. The AutoMotoFoto.net Site maintains public message boards. Posting to these message boards requires you to register and provide your first and last name, e-mail address, gender, certification of age 18+, and zip code. Providing your real name is required and omitting this information in the registration form will not allow you to access the message board features. Your real name will not be disclosed to third parties, except for the circumstances detailed in the “Disclosure to Third Parties” section below.

4. When posting to these message boards, we encourage you to do so under a nickname or pseudonym. If you choose to post your real name, you acknowledge, understand and agree that we assume no responsibility for the collection, use or misuse of your name which would be publicly accessible information to other visitors to the AutoMotoFoto.net Site.

5. The AutoMotoFoto.net Site has a newsletter distributed via e-mail. If you choose to subscribe to this feature, you must provide a valid e-mail address. Your e-mail address will be used for the distribution of the newsletter and any promotions or marketing that we feel may be of interest to you and will not be divulged to any third party, with the exceptions as detailed below. To unsubscribe from our newsletter, please review our help section on newsletters.

6. Occasionally, we will request you to fill out a user survey. Such surveys are voluntary, but we hope that you will participate. User participation in surveys allows us to better understand the demographics and interests of our users. Your responses in combination with the responses of our other users help us to improve the AutoMotoFoto.net Site and attract the valued sponsors and advertisers that help us bring you the features and activities you enjoy. If and when we choose to share user information collected from surveys, we will do so only in aggregate form such that a third party will not be able to identify any individual user.

7. The Site has a newsletter distributed via e-mail. If you choose to subscribe to this feature, you must provide a valid e-mail address. Your e-mail address will be used for the distribution of the newsletter and any promotions or marketing that we feel may be of interest to you and will not be divulged to any third party, with the exceptions as detailed below in the Section titled “Disclosure to Third Parties.” To unsubscribe from our newsletter(s), please review our help section on newsletters.

8. The Site collects the following Personal Information from interested persons that wish to submit questions to AutoMotoFoto.net. Users are also asked to select a “Topic” and submit their question or comment. The producers of the program will contact a person whose question is under consideration for airing on the television show by telephone to verify the identity of the person submitting the question and get background information. Only persons who are 18 years of age or older are eligible to participate and any person that we or a producer believes is underage will be terminated from any participation in this feature.

9. Use of Information AutoMotoFoto.net will not use a wireless telephone number, wireless or conventional Internet email address, or other information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share this Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share this information with the operational service providers that assist us in delivering these wireless services to you and with corporate affiliates related to AutoMotoFoto.net. Cookies and Similar Technology: We use ‘cookie’ technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:

• Keeping count of your return visits to the Site or our Advertisers’ or partners’ sites;

• Accumulating and reporting aggregate, statistical information in connection with the Site;

• Determining which features users like best; and

• Saving your user name, your password or other information so you don’t have to re- enter it each time you visit the Site.

Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser. If you turn cookies off, you may not have access to many features at the Site that make your Internet experience more efficient and enjoyable – like the features mentioned above – and some of our other services will not function properly.

This Site may contain advertisements, references and links to other web sites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other web sites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. This Privacy Policy does not cover any use of Personal Information or Sensitive Personal Information that a third party Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard. Use of Advertiser’s tracking technology is subject to their own privacy policies, please contact info@automotofoto.net if you require more information.

Postings: We respect the privacy of the contents of users’ e-mail and other correspondence (collectively, “Postings”). However, we reserve the right to monitor, edit, and disclose your use of the Site, information pertaining to any Posting or its contents to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or our Terms of Use Agreement, or to protect the interests of our users, Advertisers, suppliers, operational service providers, and others.

Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to Advertisers, we ask for your consent (“Opt in”) to do so, in which case their use of your information is subject to the Advertisers’ own privacy policies.

We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining services on the Site. These third parties are called operational service providers, the specialists that provide internal support to operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores. We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with this Site or the AutoMotoFoto.net. Additionally, such providers are not to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.

We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties only in the following limited circumstances:

• When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);

• If we believe your actions violate any law, regulation, our Terms of Use Agreement, Additional Terms, Rules, this Privacy Policy, or any of our guidelines for promotions, Product offerings or any other features or functions of the AutoMotoFoto.net Site, or if you threaten the rights, property or safety of the Site, our Parent Companies, operational service providers, suppliers, Advertisers, other customers or users, or any other party;

• If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or

• In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Parent Companies. Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.

Review, Update or Delete Your Personal Information: Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by this Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age cannot be deleted, but may be modified with sufficient verification of the correct information. Deletion of certain Personal Information, such as e-mail addresses, may result in suspension of your account. To remove your name from the AutoMotoFoto.net database entirely including, but not limited to, registration for AutoMotoFoto.net: Go to your member profile and simply click on link that says, “Delete My Account” listed under “Change Preferences” in the left hand navigation. and confirm. You have the opportunity to opt-out of receiving commercial communications from us or terminating your registration at any time. To change or modify any Personal Information you have provided to us please do so through the member profile. To no longer receive newsletters from us, please review how to opt-out in our help section on newsletters. If you wish to review Personal Information collected for contests and sweepstakes and you are not a member, you will need to contact the Site’s Privacy Administrator via email with a request at info@automotofoto.net and be prepared to provide verification of your identity. Personal Information collected for a contest or sweepstakes entry is subject to corporate and regulatory recordkeeping requirements and will not be deleted upon a user’s request unless the entrant is a child under the age of 18 years old.

Parents (including legal guardians) of children that registered on the site in violation of the Terms of Use Agreement who wish to terminate their child’s membership must use their child’s user name and password to gain direct access to the account, and go to your child’s member profile and simply click on link that says, “Click here to un-register from AutoMotoFoto.net” and confirm or alternatively, a parent must provide verifiable identification that they are the parent of the membership-ineligible child. Children under the age of 18 that are unknowingly registered on the Site are in violation of our Terms of Use Agreement. We will not allow direct access to a user’s account and Personal Information by any person without the account’s user name and password. (Please see above for how to change account preferences.) If a parent does not have his or her child’s user name or password, the parent will be required to send an email to the Privacy Administrator that includes the parent’s name, address, telephone and email address, in addition to the child’s name and email address as registered on the Site, plus the child’s date of birth. AutoMotoFoto.net will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child’s account. The parent must then confirm by sending a reply email to the designated return address. AutoMotoFoto.net will then terminate the child’s account but will notify the child of the termination request via email and will identify the name, address and email address of the person making the request.

We reserve the right to deny access of a user account or Site features or activities to any user if we believe there is a question about the identity of the person trying to access the account. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

Questions: If you have questions about our Privacy Policy, you can go directly to our Frequently Asked Questions section, which we hope will be helpful and is designed to answer many of your questions. If you cannot find the answer to a question related to our Privacy Policy or if you do not understand any of our information about how we collect, maintain, use or share your Personal Information, you may contact us directly by clicking here.

Sole Statement: This document is the sole statement of AutoMotoFoto.net’s Privacy Policy with respect to this Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

This Privacy Policy was last modified on December 31, 2010 and is effective immediately.