Digital Fountain Data Collection Statement
This Data Collection Statement was last updated in April 2008.
Digital Fountain, Inc. (“Digital Fountain”) takes the privacy and protection of data and information that is collected using the Digital Fountain services very seriously.
This Data Collection Statement (“Statement”) describes how Digital Fountain collects or may collect information (including Personal Information). Please note that Digital Fountain may collect such information either (1) for, and as directed by, its business customer, as a provider of the Digital Fountain Services to such customers, or (2) for Digital Fountain’s own use.
As used herein, “Personal Information” is information that is personally identifiable like names, addresses, e-mail addresses, or phone numbers, as well as other non-public information that is associated with the foregoing; “Anonymous Information” means information that is not associated with or linked to Personal Information; Anonymous Information does not permit the identification of individual persons.
1. Digital Fountain's role as a service provider
As part of the Digital Fountain services, including Digital Fountain’s proprietary digital media delivery technology (collectively, the “Digital Fountain Services”), Digital Fountain provides a wide variety of services to its business customers (“Customers”) to enable these Customers to provide their content to their users (“Customers’ Users”) in a faster, richer and more reliable way. In connection with providing the content of the Customers to Customers’ Users, Digital Fountain acts solely as an intermediary service provider to these Customers and is only involved in the technical act of delivery of the Customers’ content, not the selection, modification, or creation of any such content.
Since the information that Customers collect through their use of the Digital Fountain Services is used by such Customers and not by Digital Fountain, the collection, storing, and processing of such information is governed by any privacy policy the respective Customers have, not by any privacy policy of Digital Fountain.
1.1 Scope of information collected for Customers
The scope of information that is collected by Digital Fountain as the service provider of its Customers is defined by the respective Customers in light of such Customers’ needs and not by Digital Fountain.
1.2 How information is collected for Customers
(a) Express collection
The Digital Fountain Services allow Customers to collect certain information (including Personal Information) from Customers’ Users. This can be done in connection with providing Customers’ content through the Digital Fountain Services by expressly requesting such information from the Customers’ Users. If and what type of information is collected in this way will not be decided or controlled by Digital Fountain, but solely by each Customer.
(b) Collection via technology
The Digital Fountain Services provide Customers the means to automatically collect certain information in connection with providing content to the Customers’ Users. While some of this information might be personal in nature, the majority of this information will likely be related to the use of the Digital Fountain Services by the Customers’ Users, not to the Customers’ Users themselves.
If Customers decide to do so, the Digital Fountain Services may store a small text file called a “Cookie” on computers of Customers’ Users, for example to save the personal preferences of such Customers’ Users. The Digital Fountain Services support different types of Cookies: Session Cookies (which expire once the web browser is closed), as well as persistent Cookies (which stay on a computer until they are actively deleted).
Customers may decide to associate information that is collected via technology as described above with Personal Information that was otherwise collected by such Customers.
1.3 Use of information collected for Customers
When Digital Fountain collects information (including Personal Information) in its role as intermediary service provider for its Customer, Digital Fountain neither claims ownership, nor does Digital Fountain collect, store, process, or otherwise use such information for its own purposes (but it might create Anonymous Information records from such information, as described below). Like in connection with the technical act of delivery of our Customers’ content to Customers’ Users, Digital Fountain (and the Digital Fountain’s Services) is used by Customers in connection with the collection of information solely as an intermediary service provider. The purpose of the collection of such information is defined and controlled by the Customer to whom Digital Fountain provides the respective Digital Fountain Services.
Digital Fountain may create Anonymous Information records from Personal Information that is collected by the Digital Fountain Services in the process of providing the Customers’ content by excluding information (such as names) that makes the information personally identifiable to a person. Digital Fountain may also create Anonymous Information on how the Digital Fountain Services are used by its Customers or Customers’ Users. Digital Fountain may use this Anonymous Information to enhance the Digital Fountain Services and to better serve its Customers. Digital Fountain reserves the right to use and disclose any such Anonymous Information at its discretion.
1.4 Disclosure of personal information collected for Customers Digital Fountain may provide information to third party service providers and suppliers (or use them to collect such information) who work on behalf of or with Digital Fountain in connection with the Digital Fountain Services. These service providers and suppliers do not have any independent right to use this information except as to help Digital Fountain in providing the Digital Fountain Services to Customers. Digital Fountain may disclose information (including Personal Information) if Digital Fountain believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Digital Fountain; (b) to enforce agreements Digital Fountain has entered into; or (c) to protect and defend the rights or property of Digital Fountain, our Customers, Customers’ Users, or third parties. 2.1 Collection of information from its Customers 2.2 Collection of information directly from Digital Fountain End Users 2.3 Scope of information collected by Digital Fountain 2.4 Use of information collected by Digital Fountain 2.5 Disclosure of Personal Information collected by Digital Fountain Digital Fountain may provide information to third party service providers and suppliers (or use them to collect such information) who work on behalf of or with Digital Fountain in connection with the Digital Fountain Services. These service providers and suppliers do not have any independent right to use this information except as to help providing the Digital Fountain Services. Although Digital Fountain currently does not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), Digital Fountain may in the future. Digital Fountain may share some or all of the collected information with these Affiliates. In the event Digital Fountain goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, collected information will likely be among the assets transferred. Digital Fountain may disclose collected information (including Personal Information) if Digital Fountain believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Digital Fountain; (b) to enforce agreements Digital Fountain has entered into; or (c) to protect and defend the rights or property of Digital Fountain, our Customers, Digital Fountain End Users (if any), or third parties. A Digital Fountain Privacy Policy may set forth additional circumstances under which Digital Fountain may disclose collected information. 2.6 Privacy of Minors 3. Feedback sent to Digital Fountain 4. Security 5. Changes in this Data Collection Statement 6. Contact Us
When Digital Fountain collects, stores, and processes information for its Customers, this information is always accessible by the Customer for which it was collected, stored, and processed. If Digital Fountain solely acts as a service provider to its Customers, Digital Fountain will normally not have the right to disclose such information for any purposes other than to service its Customers, except (a) as otherwise requested by its Customers, (b) in connection with the Anonymous Information that Digital Fountain may retain, as described above, or (c) as described in this Section 1.4
Apart from the collection of Anonymous Information by Digital Fountain as described in Section 1 above, Digital Fountain may collect information for its own use in the following situations:
In the process of providing the Digital Fountain Services to its Customers, Digital Fountain may collect information (including Personal Information) from officers, employees, and/or agents of its Customers. Digital Fountain will not use this information for any purpose other than to provide the Digital Fountain Services to its Customers.
Digital Fountain might in the future also provide the Digital Fountain Services (or parts thereof) and the use of its technologies directly to end users (“Digital Fountain End Users”) and may collect, store, and process information (including Personal Information) from such Digital Fountain End Users not only for Customers, but for Digital Fountain itself. If Personal Information is collected by Digital Fountain directly from Digital Fountain End Users for Digital Fountain’s own use, Digital Fountain will describe such collection, storage, and processing of information in a separate privacy policy (the “Digital Fountain Privacy Policy”).
If Digital Fountain collects information from officers, employees, and/or agents of its Customers, it will collect information that is required to establish and maintain a business relationship with its Customers, such as names, e-mail addresses, and telephone numbers.
In general, information that Digital Fountain collects from the officers, employees, and/or agents of Customers is used solely by Digital Fountain to establish and maintain a professional relationship with its Customers, to provide the Digital Fountain Services to its Customers, and to improve the Digital Fountain Services. Customer information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the consent of the customer, other than for the express purpose of delivering the purchased product or service requested by the customer. Private Customer information (credit cards, S.S. Numbers, financials, etc.) will not be kept on file for more than 60 days. Customer will not receive any continual email solicitation from the company, unless the customer consents to the solicitation at checkout, or through a double opt-in process. And, if the customer does consent to receive email from the company, the company agrees to have a simple unsubscribe option available, along with unsubscribe instructions in every email.
Except as otherwise stated in this Statement, Digital Fountain does not use or share information collected from its Customers’ officers, employees, and/or agents with third parties, unless Digital Fountain is asked or authorized by our Customers to do so.
Digital Fountain does not intentionally collect or maintain information about persons who are under 13 years old.
If feedback about the Digital Fountain Services is provided to Digital Fountain or Customers, Digital Fountain may use and disclose such feedback for any purpose, provided it is not associated with any Personal Information.
Digital Fountain has put in place commercially reasonable and appropriate physical, electronic, and organizational safeguards for the information that is collected online. However, no company, including Digital Fountain, can fully eliminate security risks associated with Personal Information.
This Data Collection Statement is a living document and Digital Fountain reserves the right to change it at any time in its discretion. You will find any revised Statement at the following URL: www.dfsplash.com/privacy-policy.html.
If you have any questions regarding our Data Collection Statement please contact us: info@digitalfountain.com.
