Last modified: February 19, 2012
Bestions, LLC (the “Company,” “We” or “Us”) respects the privacy of each user (“User” or "You”) of bestions.com, which is a website the Company owns and operates (the “Site”). Please read this Privacy Policy (the “Policy”) carefully before using the Site. This Privacy Policy describes the types of information We gather, how We use it, with whom the information may be shared, what choices are available to You regarding collection, use and distribution of information, efforts We make to protect the information, children’s privacy, and how You can correct inaccuracies in the information You provide to us through the Site
By accessing, browsing and using the Site, You acknowledge that You have read and understand this Policy. This Policy applies to Your use of this Site only; should You follow a link on this Site to another Site, You are no longer covered by this Policy. This Policy may be revised periodically without further notice to You and if Our information retention or usage practices change, We will let You know by posting all changes on the website 30 days prior to implementation. This will also be reflected by a “last modified” date above. Please revisit this page to stay aware of any changes. Your continued use of the Site constitutes Your agreement to this privacy notice and any future revisions.
Please check your privacy settings and notification settings here, and confirm that they are appropriate for you.
We collect three types of information about Users: (1) personal information (such as name, e-mail address, mailing address and phone number, and other information needed to provide Our services or participate on our Site, (2) automatically collected information (such as information about how many Users log on to the Site during a set period), and (3) “cookie” information (a “cookie” is a small data file that websites may store on a computer when You visit them). We may also collect information from and about Users who log onto our Site through social media sites. The privacy policies of those sites will apply and You will be informed through those sites about the data being sent to Us.
We collect personal information when You register as a Site member. This information may include, but may not be limited to, Your name, email address, and mobile phone number (“User Profile”). To update your User Profile, please click here. You must provide in the User Profile true and accurate information, including Your real name and an active e-mail account. Please make sure Your User Profile is kept current with up-to-date information.
In addition, the purpose of our Site is to collect opinions, questions, and answers to questions of other Users, among other functions and functionalities on our Site which allow You to submit, post or display data, text, information, usernames, graphics, images, photographs, profiles, audio, video, other items, and links to other sites (together, “User Content”) Therefore, when You use our Site, we will collect information about Your preferences and opinions, including without limitation, when You:
Some User Content may be personal to You without revealing your e-mail address, real name, or other similar details which would be in the User Profile. Please use good sense about what You reveal, as you would on any social media site, as we cannot be responsible for information disclosed in User Content. Please use the available options to limit review of such data as You do not wish to make public. We reserve the right to, but are not obligated to, refuse or delete any content that in Our sole discretion is considered inappropriate.
When You access Our Site or open one of Our HTML emails, We may automatically record certain information from Your system by using different types of tracking technology. Automatically collected information is non-personally identifiable/anonymous information about You, such as an Internet Protocol address (“IP Address”), which is a number that is automatically assigned to Your computer whenever You access the Internet; pages accessed most frequently; search terms entered to find Our Site, or within Our Site; a unique device or user ID; version of software You have installed; system type; the content and pages that You access on the Site; and the dates and times that You visit the Site. We also collect User Content as part of the functionality of Our Site.
We may use both session cookies and persistent cookies. A session cookie disappears after You close Your browser. A persistent cookie remains after You close Your browser and may be used by Your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review Your Web browser’s “Help” file to learn how to modify Your cookie settings.
This Site uses Google Analytics, a Web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, to help us analyze how users use the site. The information generated by the cookie about Your use of the Site (including Your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating Your use of the Site, compiling reports on Website activity for Website operators and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate Your IP address with any other data held by Google. By using this Site, You consent to the processing of data about You by Google in the manner and for the purposes set out above.
You can refuse cookies by turning them off on Your browser. If You turn off cookies, though, You will not be recognized as a member, and may not be able to use the full functionality of the Site, including enjoying a customized experience while using the Site.
You may also be able to opt-out of Google Analytics data collection by making changes to Your browser. For further information about Google Analytics, please refer to Google Analytics Privacy Policy.
We use the information that You provide, or that We collect, to operate, maintain, enhance, and provide the features and services found on the Site, as well as to track User Content and usage of our Site.
We will use Your email address, without further consent, for administrative communications to You such as User updates and information, or to send You information about new services, opportunities, or promotions. You will be able to “opt out” of receiving marketing information by adjusting Your User preferences or sending an email to us through our Contact page (see the Section below on “Opting Out of E-Mails”). However, as a condition of maintaining Your membership, We will have the right to contact You at any time regarding membership. Should You not wish to receive further contact from us, You have the option of closing Your User Profile. You may also view personal information You have provided to Us, control what other Users see, and edit Your User Profile by going to http://bestions.com/user/edit. You may alter notification preferences here. You will not be able to change User Content which is collected by Us as a result of Your postings to the Site, responses You provide to other Users, or data about Users you follow or who follow You.
We use all of the information that We collect to understand the usage trends and preferences of Our Users, to improve the way the Site works and looks, and to create new features and functionality.
A cookie may contain information (such as a unique User ID) that is used to track the pages of the sites You have visited. We may use cookies and automatically collected information to automatically update any bestions.com application on Your system, provide metrics to Users as they pertain to such User’s uploaded content, and track Your entries, submissions, and status in various activities.
We may use cookies to make Your experience more personal, and thus, more enjoyable in a number of ways, for example, to make the page load faster, or to recognize You as a prior user who has registered with the Site.
In addition, while we do not ourselves collect any credit card information from Users, we may use cookies or other tracking technology so that We may be credited with affiliate income from purchases you make through links we provide to advertisers, and for credit from advertisements you may click on. These are cookies which produce a session identification and expire when You log off the Site. It may also be possible for other Users to post images or links that include session cookies, web beacons or clear gifs, which may enable them to track affiliate income for themselves. We reserve the right to edit referral links posted by Users, to add tags such that affiliate income deriving from our Site is credited to Us.
We may also use information we collect from You to personalize the advertisements that You might see in your browser while on the Site. This information is collected and held with Your User Profile and is based on Your User Content. The User Content that we collect from you to personalize advertisements is no longer associated with you as an individual if you close Your User Profile.
We may also use cookies to measure activity on Our Site, which allows us to determine which areas and features of Our Site are most popular. This information allows us to make improvements and updates to enhance Your Site experience. We continually strive to improve Our Site offerings based on the information and feedback We receive from You.
Again, please be aware that any personally identifiable information that You voluntarily choose to display on the Site, such as disclosures You make in discussions You participate in, Your profile page, media posted to the Site, or other information You post in comments or votes, becomes publicly available and may be collected and used by others without restriction.
We do not contribute to or participate in cooperative databases, which give other companies access to any personal information in Your User profile, except:
We may disclose User information to affiliated companies or other businesses or persons who do the following for Us: provide Web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Us in improving the Site and creating new services features. We require that these parties process such information in compliance with this Privacy Policy, We authorize only a limited use of such information, and We require these parties to use reasonable confidentiality measures.
We may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal or respond to a Court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
We also reserve the right to disclose User information that We believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect our Company from fraudulent, abusive, or unlawful uses; to investigate and defend Ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site or our Company; or to protect the rights, property, or personal safety of our Company, its employees, Our Users, or others.
In the event that the Site or our Company is acquired by or merged with a third-party entity, We reserve the right, in any of these circumstances, to transfer or assign all of the information that We have collected from Users as part of that merger, acquisition, sale, or other change of control.
We implement a variety of security measures to maintain the safety of Your personal information in Your User Profile against loss, theft, alteration, and unauthorized access, use and disclosure. User Content, however, is available to anyone with an Internet connection.
We offer the use of a secure server. Sensitive and private information in the User Profile is protected against database attack using industry standard software and services. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards.
If the Company learns of a security systems breach, then We may attempt to notify You electronically so that You can take appropriate protective steps. We may also post a notice on the Site if a security breach occurs. Depending on where You live, You may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach You should notify us through our Contact page.
Some versions of browsers and some firewalls do not permit communication through secure servers. In that case, You will not be able to connect to that server.
By submitting your mobile phone number, you agree to subscribe to the Bestions Mobile Program. You agree to receive text message alerts from Bestions or its mobile service provider, regarding updates questions and answers, topics, Users, or comments as selected by You. Changes to the preferences will be done through Your User Profile or otherwise as posted on the relevant Site page.
We may request You to “opt-in” to receive certain communications from our Site. We will not send unsolicited messages to You concerning promotions or new products or other marketing material unless You have opted-in. If, after You have opted-in, you no longer wish to receive such communications from us please contact us through the Contact page, indicating Your request to opt-out or access the “mailing preferences” section of Your User Profile, and adjust Your mailing preferences from the “yes” to the “no” option. Please note that Your request to stop receiving these communications may take up to ten (10) days and may not prevent us from sending messages that were generated prior to the time we were able to process Your request.
We may include or offer third party products or services on Our Site or link to other Sites, including other social media sites. These third party sites have separate and independent privacy policies. We are not responsible for the privacy practices of such other sites. We encourage Users to be aware when they leave Our Site to visit another website, they should read the privacy policies on those sites. Under no circumstances shall We have any liability whatsoever for the activities conducted by or at any website accessed from or through this Site. This privacy statement applies solely to information collected by this Site. Nonetheless, We seek to protect the integrity of Our Site and welcome feedback about these sites to which we link.
California Civil Code Section 1798.83 permits Users who are California residents and who provide personal information in obtaining products or services for personal, family or household use to request and obtain from us once a year, free of charge, information about the personal information (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of those businesses with which customer information was shared in the immediately prior calendar year. Please send such requests through the Contact page or send to the mailing address at the end of this page. Please put “Request for California Privacy Information” in the subject of the Contact Us inquiry. We will provide the requested information to the e-mail address in Your User Profile or otherwise as you may specify. Please note that only information which is required to be provided under this law will be included in Our response.
As part of the California Online Privacy Protection Act, all Users may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page.
We are concerned about the safety of children when they use the Internet, and thus, We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not knowingly permit Users to register for Our Site if they are under 13 years old, and therefore do not request personally identifiable information or User Content of any kind, from anyone under the age of 13. If We become aware that a User is under the age of 13 and has registered without prior verifiable parental consent, We will remove his or her personally identifiable registration information from Our files. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us without Your approval, please inform us by contacting us at privacy@bestions.com and We will remove from Our Site such information and any identifiable postings made under such User ID.
Information posted to the Site as User Content, such as in discussions, comments, votes, the public portions of Your User Profile, other media posted to the Site, or otherwise, are available to the general public. If You are concerned about Your children’s use of the Site, You must use web filtering technology to supervise or limit access to the Site, as We are not in a position to do so.
Please also visit Our Terms and Conditions section, establishing the use, disclaimers, and limitations of liability which Users are bound by when visiting this Site at http://bestions.com/terms, or the link at the bottom of each Web page.
By using this Site, You are expressly consenting to this Site’s Privacy Policy. You must immediately discontinue use of the Site if you disagree with it now or in the future.
Please check back to this Privacy Policy regularly to view any modifications of it. Modifications and changes can and will be made at the sole and absolute discretion of the Company. All changes to Our Privacy Policy will be made and reflected on this page. In addition, all changes will be posted to the website 30 calendar days prior to implementation.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under Our control to intercept or access transmissions or private communications unlawfully. While We strive to protect Your information, We cannot ensure or warrant the security of any information You transmit to us. Any such transmission is done at Your own risk.
This Agreement shall be interpreted and governed by the law of the Commonwealth of Pennsylvania without regard to its conflict of laws principles. You expressly acknowledge and agree that any claim brought in connection with this Agreement or the subject matter herein shall only be brought in a federal or state Court located in Philadelphia, Pennsylvania, and You expressly waive all objections You might have to jurisdiction, venue, service of process, forum non conveniens or the like in connection therewith.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, OR AFFILIATES OR BUSINESS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR DECISION TO PROVIDE INFORMATION VIA OUR SITE. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
If any provision of the Terms and Conditions of Use or this Privacy Policy is found to be invalid by a Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Our failure to enforce any term or condition of this Policy shall not be deemed a waiver thereof and shall not prevent its later enforcement.
If there are any questions regarding this privacy policy You may contact us using the Contact page and specifying “Privacy” in the subject box, or use the address below: .
Bestions, LLC
c/o Finch Brands
Attention: Customer Service
325 Chestnut Street, Suite 1313
Philadelphia, PA 19106
Fax: 215-413-2687