What is Personally Identifiable Information
“Personally identifiable information” is information that we can use to identify you as an individual. Personally identifiable information includes your name, address, telephone number and any other information that is connected with you personally.
Collection of Personally Identifiable Information
Endless Summer generally collects personally identifiable information with your specific knowledge and consent. For instance, when you enter a sweepstakes or contest, complete a survey, participate in a reader panel, register for those portions of our sites that may require registration, make a purchase, participate in our social networking features, request back issues, subscribe to our magazines or subscribe to our newsletters, and other electronic services you will be asked to provide information such as your e-mail address, name, phone number, and shipping address. Information such as your age, gender, hobbies or interests may also be requested. This information may sometimes be collected by third party service providers with whom Endless Summer contracts to host the web site or to fulfill requests for services; in that event, Endless Summer asks such service providers to make the personal information available only to Endless Summer for Endless Summer to use in accordance with the terms of this policy and not to use the information for any other purpose. Endless Summer uses this information to provide you with the service you have requested. If you subscribe to any of our Magazines, we may use your e-mail address to send you a confirmation notice and your mailing address to send you your magazine. Similarly, if you enter online sweepstakes, we will use this information to notify you if you are a winner. We might also send out e-mails to users and sweepstakes/contest entrants to announce special offers, services and announcements from our sites and/or our advertisers. If you provide personal information for use in any of our social networking channels or tools (which may include services such as match-ups, dating, friendships, instant messaging and the like), we will use that information in the manner contemplated by the particular networking channel. Please check each channel for a description of how networking is conducted.
When you provide us with personal information, if you are not already a registered user of some of our sites, we will assign you a user name and password so that we can enhance your user experience by facilitating easy entry into other features and offers on the sites, saving your preferences, and so that we may contact you for marketing and promotional purposes. The user name and password will also enable us to display for you advertising messages that we believe may be of interest. (Certain areas on our sites require registration, and in those areas, you will be asked to establish your own user name and password). Your user name and password will function across many of our sites, regardless of brand, and will be held in confidence. You may elect to change them at any time by logging in and editing your registration (each of our branded sites will contain log-in information). You may also log in to cancel any user name and password that you may have selected or that we may have assigned. If you cancel your registration, we will retain your email address, user name and assigned user ID on file and use them only for the purpose of assuring you are not automatically registered again, against your wishes. Your user registration will also be recognized at some sites with which we are affiliated so that you may easily access features on those sites; however your actions on those sites will be governed by the separate privacy policies of those affiliates. A list of those affiliates with separate privacy policies will appear here, and may be updated from time to time. Current affiliates are:
In addition, we may use information you provide us through emails, Q & A, blogs, forums, in response to polls, or though any other user-generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online. Please be advised that any such submissions become the property of Endless Summer and may be used by Endless Summer for any lawful purpose. If you provide us with personal anecdotes, they may be attributed to you. Endless Summer can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, in any way and any media whether now known or invented in the future, with or without attribution, including publication in the Magazines, and in trade media, and advertising. You agree that any content you send us will not violate any rights of any third party and that you will only send us content for which you own the rights.
Some of our applications and mobile-optimized sites may have location-based features. For those features, we will collect your geographic location and, depending on the application, other information you provide us to enable you to enjoy the service being offered. For example, we may offer shopping features that allows you to get information about local merchants or travel features that allows you to locate nearby sights and destinations. We will use your location to serve relevant content, and your information may be shared with third party retailers and other facilities as applicable to allow you to take advantage of the particular service being offered.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.
In addition to the foregoing, Endless Summer may share or disclose personally identifiable information about you to other companies or individuals when:
- we utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards or fulfilling subscriptions), and ask these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose(s) for which we hired them;
- You have entered a contest or sweepstakes sponsored by a third party, in which case the information may be shared with that third party for their use in their discretion, including direct marketing (Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest);
- the entity to whom the information is disclosed is one under control of, or under common control with Endless Summer (for these purposes, a company controlling 20% or more of the voting stock of another entity shall be deemed to control such entity);
- the entity to whom the information is disclosed is hosting web sites associated with our magazines or magazines we publish in conjunction with a third party, other than those web sites covered by this policy;
- the entity to whom the information is disclosed has affiliated with us to publish a website or furnish services associated with a website;
- you have furnished us personal information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners, services to help old friends locate you online, etc.);
- we need to protect our legal rights (for example, if we are trying to collect money you owe us);
- we must comply with applicable laws, regulations, or legal or regulatory process;
- we have reason to believe that someone may be causing injury to someone or interfering with our rights or the rights of our users, or general public, or using our services in violation of a legal or personal right; or
- in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the web sites to which this policy applies.
Our cookies may contain personally identifiable information and such cookies may be shared with others to the same extent indicated above.
Some of our advertisers may serve you cookies as well. We do not have control over cookies placed by advertisers.
Endless Summer users may opt out of behavioral targeting through the opt-out link located at http://www.networkadvertising.org/managing/opt_out.asp
Your Internet Protocol (“IP”) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on our sites, the Web site you visit after this Web Site; the ads you see; the ads you click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data logged by our Web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our website. We may also link this information with your personal information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Sites, customers or others.
In addition to ads that we serve you directly, we use third-party advertising companies to serve ads when you visit our websites. Both we and our advertising companies may use information about your visits to this website and other sites you may visit to serve ads to you. In the course of serving advertisements to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we and our advertising companies may use Web beacons to help manage our online advertising. These Web beacons enable us and our third-party ad serving companies to recognize a browser’s cookie when a browser visits this site and to learn which banner ads bring users to our website and to serve you ads that you may find of interest elsewhere on the internet. Both Endless Summer and these companies may use information (not including your names, address, email address or telephone number) about your visits to these sites and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by other companies, please visit http://www.networkadvertising.org/optout_nonppii.asp .Ads in our videos may be served by an ad partner. You can find out more about our video ads by visiting http://www.yume.com/privacy.php
Endless Summer is participating in the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising. Please visit the “Ad Choices” link: http://www.aboutads.info/choices/ .
Kids And Parents
The sites covered by this policy are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged on our teen oriented sites, you must be 13 or older. Minors between the ages of 13 and 17 should get the permission of their parent(s) or legal guardian(s) before subscribing to any of our sites. Some areas of our sites require that you identify yourself by age category when registering and in those areas, if you register as an adult, you represent that you are 18 years of age or older.
If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children’s exposure to material online.
If you’re worried about your children’s activities or their privacy on our site, we encourage you to e-mail Endless Summer at email@example.com .
Blogs, Video and other user-generated Postings; Social Networking
If you elect to post material to any blogs, forums, participate in our social networking channels or other community boards that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the “Postings”). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person’s privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give Endless Summer the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that Endless Summer has no obligation to monitor or delete any such postings.
Please be aware that Endless Summer does not and cannot monitor all of the Postings made to the sites, and therefore Endless Summer will not be responsible for the content of any Postings. Endless Summer has no obligation to verify the accuracy of any personally indentifying information that is posted to our sites. However, Endless Summer does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the websites and to terminate access to the sites to offenders of the guidelines. If Endless Summer elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will Endless Summer be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:
- that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
- that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that include personal or identifying information about another person without that person’s explicit consent.
- that are false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
- contain your own or a third party’s advertising, branding or promotional content;
- that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- restrict or inhibit any other user from using and enjoying the Endless Summer sites or the Endless Summer services offered on them;
- that include your personal information, such as telephone number, street address, last name, URL or email address;
- that are “cut and paste” private messages from other users;
- that re-broadcast any posting that violates these terms.
Because Endless Summer does not monitor the Postings, you agree to use and rely on them at your own risk. Endless Summer cannot make any representation or warranty about the material contained in the Postings. Endless Summer likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will Endless Summer be liable for any activity or injury that may occur.
California and Canadian Users
California and Canadian residents have the right to know how their information may be shared with third parties who engage in direct marketing activities and this policy explains our practices and how you can opt out of having your information shared for such purposes. From time to time we may make our customer lists available to companies that sell goods and services that we believe would be of interest. We may compile these lists from customer orders placed both offline and online. Customers have the option of having their names and identifying information removed from those lists (subject to certain exceptions and limitations in applicable laws) by contacting us at firstname.lastname@example.org, or, in the case of information you have provided to us offline, by sending a current mailing label or exact copy to: Mail Preference Service, 35 Vestry Street, #4, New York, NY 10013
We may also from time to time make our customer lists available for direct marketing purposes to other entities that are affiliated with us. If you would like to be removed from those lists, contact us at email@example.com, or, in the case of information you have provided to us offline, by sending a current mailing label or exact copy to: Mail Preference Service, 35 Vestry Street, #4, New York, NY 10013
If you enter a contest or sweepstakes sponsored by a third party, information may be shared with that third party for their use in their discretion, including direct marketing (Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest.)
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this web site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the state of New York.
Everything you see or read on the Endless Summer sites is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our permission. Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited. You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our site has designated an agent to receive notices of claims of copyright infringement: Michael Edwards, 35 Vestry Street, New York, New York, 10013, tel: 212-731-2964;. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.
User Names and Passwords
Some areas of our sites require you to select a user name and password. Users will be responsible for maintaining the confidentiality of any user name and password, and we will not be responsible for misuse of any user names or passwords by any third party, whether authorized by a user or not. Some of our sites also have a policy of requiring that you not include certain identifying characteristics (such as street address or last name) in your public profile. Please check each site for any such restrictions.
Limitation on Liability
IN NO EVENT SHALL ENDLESS SUMMER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ENDLESS SUMMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the sites, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Endless Summer may demand that any dispute between Endless Summer and you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA.
You agree to indemnify and hold Endless Summer, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes Endless Summer to be liable to another.
Terms relating to Digital Applications
In the case of digital applications, the following additional provisions apply:
By using the application, you represent that you are not located in a country that is subject to an embargo of the U.S. government or that has been designated as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties.
Any questions regarding the application may be addressed to Endless Summer at 35 Vestry Street, #4, NYC 10013
This policy was last updated on May 1st, 2012.