Date Last Modified: 9/27/2019
3. SPECIAL NOTE ABOUT CHILDREN
We do not offer the Services to, or knowingly collect or solicit information from, anyone under the age of eighteen (18). Accordingly, We do not knowingly collect age identifying information, nor do We knowingly collect any Personal Information from children under the age of thirteen (13). If You are under thirteen (13), do not create a User account, use or provide any information through the Services or on or through any of its features, use any of the interactive or public comment features, or provide any information about Yourself to Us. In the event We discover that anyone under thirteen (13) has provided Personal Information to Us, in accordance with Our policies and the Children’s Online Privacy Protection Act, We will delete that person’s Personal Information from Our files to the extent technologically possible. If You believe We might have any information from or about a person under thirteen (13), please send an email to email@example.com, with the subject heading “Children’s Online Privacy Protection Act.”
4. INFORMATION 9thWonder COLLECTS
In order to operate the Services and provide You with access to certain features, 9thWonder may collect the following types of information from You:
- Personal information - Information by which You may be identified (“Personal Information”) as well as information that may not be personally identifiable standing alone (for example, Your age), but which may become personally identifiable when combined with Personal Information (for example, Your age combined with Your name); and
- General Information - Information about You and Your activities on the Services that does not identify You personally (“General Information”), such as Your domain server, web browser, the operating system or platform You use, referrer data identifying the web pages You visited prior to and after accessing the Services, and Your movement and activity within the Services.
Personal Information does not include information regarding an organization or corporate entity.
A. PERSONAL INFORMATION
- Personal Information about You Collected Directly from You
9thWonder may collect Personal Information directly from You when You interact with Us through the Services, such as when You access the Site, create a User account, complete a service request form, e.g., www.9thwonder.com/contact, contact the 9thWonder Support Team, or conduct transactions within the Services. The Personal Information 9thWonder may collect and maintain about You includes:
- Contact information, such as legal first and last name and residential address;
- Date of birth;
- Account username and password;
- Email address;
- Information about Your project;
- Unique identifiers, such as an Internet Protocol (IP) address, a processor or device serial number or other unique device identifiers, that are combined with Personal Information; and
- Location coordinates (longitude, latitude, and radius) if You use Your mobile phone or a GPS equipped device to access the Services.
You can always choose not to provide Your Personal Information to 9thWonder, but it may mean that We are unable to provide You with the Services.
- Personal Information about You Received from other Sources
Where permitted by applicable law, 9thWonder may collect information about You from other sources, including through interactive applications (such as mobile devices and third-party services), from commercially available sources (such as data aggregators and public databases) and when You access the Services through a SNS. 9thWonder may access and store some or all of the following Personal Information:
- Contact information, such as legal first and last name and residential address;
- Date of birth;
- Email address;
- Account username and password;
- Unique identifiers, such as an Internet Protocol (IP) address, a processor or device serial number or other unique device identifiers, that are combined with Personal Information;
- Location coordinates (longitude, latitude, and radius) if You use Your mobile phone or a GPS equipped device to access the Services; and
- Your username and password for those services and other information available about or collected from You by those sources.
B. GENERAL INFORMATION
In addition to collecting Personal Information from You, We may use a variety of technologies that automatically collect General Information. General Information is information about You or Your use of the Services that does not identify You personally. This includes Your domain server, device type, web browser, the operating system or platform You use to access the Site as well as referrer data identifying the web pages You visited prior to and after visiting the Site and Your movement and activity within the Services.
- Device Information. We may collect information about the computer, mobile device or other device You use to access the Services, such as Internet protocol (IP) addresses (the region or general location where Your computer or device is accessing the Internet), geolocation information, unique device identifiers, browser type, browser language and other transactional information.
- Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and 9thWonder and/or third parties providing services on Our behalf may receive such device information if You access the Services through a mobile device. Certain features on the Services may require collection of mobile phone numbers and 9thWonder may associate that phone number to mobile device identification information. Additionally, some mobile service providers operate systems that pinpoint the physical location of devices that use their services. Depending on the provider, 9thWonder and/or third parties providing services on Our behalf may receive this information.
- Log Files and Reading History. We may collect information that Your web browser sends when You visit a site. This information is recorded in server logs and contains such things as the requests You make through Your web browser, Your Internet Protocol (IP) address, browser type, browser language, referring and exit sites and URLs, platform type, clickstream data, domain names, landing pages, web pages viewed, the amount of time spent on a particular web page, the time and date of any request You make through Your web browser, and any cookies used to uniquely identify Your web browser.
- Cookies. We may place files called “cookies” onto Your device. Cookies are data text files that sites store on a device for record keeping purposes when You visit them. The cookie file then identifies You as a unique user. Cookies make Your use of the Services more efficient by “personalizing” Your experience on the Services and gathering statistical data, such as which parts of the Services You have previously visited, what material You downloaded, Your Internet provider’s domain name and country, and the addresses of the web pages You visited immediately before and after accessing the Services. Cookies enable 9thWonder to tailor the information You receive and to assist 9thWonder and third parties providing services on Our behalf by identifying You as a User of the Services. While some cookies are deleted when You close Your browser, others remain even after Your browser is closed. Most web browsers automatically accept cookies, unless You have configured Your browser not to accept them. You can program Your browser not to accept cookies, but if You do, You may not be able to use certain portions of the Services and the Services will not be able to customize certain features according to Your preferences.
The Services may also use Flash cookies, also known as local shared objects or persistent identification elements, to collect and store information, including information about Your use of and preferences on the Services. Flash cookies are managed by separate browser settings and can be controlled by visiting the Adobe® Flash® Player site at:
- Web Beacons. Small graphic images or web programming code called web beacons (also known as “pixel tags” or “clear GIFs”) may be included on the Services and in email messages sent to You. Web beacons or other similar technologies may be used for a number of purposes, such as to count visitors to the Services, monitor how You navigate the Services or to count how many links posted on the Services were actually viewed.
- Embedded Scripts. An embedded script is programming code designed to collect information about Your use of the Services, such as the links You click on. The code is temporarily downloaded to Your computer from the 9thWonder web server or a third-party provider, is active only while You are connected to the Services and is deactivated or deleted once You leave the Services.
- Analytics Data. We may use tools called “Google Analytics” and “Google AdWords” to collect general information about Your use of the Services. These tools collect information such as usage data, which We use only to improve the Services.
We may combine the General Information collected through the use of these tools with Personal Information. If We do combine General Information with Personal Information the combined information will be treated as Personal Information for as long as it remains combined.
5. HOW WE USE INFORMATION COLLECTED
The information collected by 9thWonder will be used for a variety of business purposes, including, for example, to operate, maintain and provide You with the features and functionality of the Services. This may include (but is not limited to):
- Processing Your registration, including verifying Your identity;
- Providing You with access to the Services, including project discussions and billing services;
- Fulfilling Your requests for services and information, including requests to be contacted by an agent;
- Processing payment and business requests related to the Services;
- Responding to Your inquiries, providing customer services, and resolving any complaints;
- Maintaining customer accounts;
- Promoting, marketing and communicating with You regarding certain offerings available through the Services as well as from Our third-party sponsors;
- Communicating with You regarding certain features or promotions offered by 9thWonder or certain third-party products or services We believe You may be interested in, provided that You have not already opted out of receiving such communications;
- Improving the quality and design of the Services, and to create new features and functionality, promotions and services;
- Customizing the content You see when You access the Services, including to develop and provide advertising tailored to Your interests. This is done via cookies and log files. This information is used to remember information so that You will not have to re-enter it during Your current or future use of the Services. Cookies and log file information is also used to provide customized and personalized information and content to Users, to monitor the effectiveness of 9thWonder marketing and promotional campaigns, and monitor certain aggregate metrics.
- Anonymizing or aggregating Your information for business purposes, including for reporting and research purposes;
- Enforcing compliance with the 9thWonder Terms and Conditions;
- Complying with any applicable laws and regulations; and
- For any other purposes disclosed to You at the time Your information is collected or pursuant to Your consent.
6. HOW WE SHARE YOUR INFORMATION
9thWonder may share Your Personal Information as set forth in the following circumstances:
- Third-Party Providers. In some cases, We may employ third-party service providers such as third-party payment processors to perform certain services on Our behalf, including, without limitation: (i) processing payments; (ii) providing customer service; (iii) hosting Our databases; (iv) performing business analysis, data processing and/or quality control; (v) per specific request from You to service Your request; and (vi) providing marketing assistance, search results and links (including, without limitation, paid listings and links). Consequently, We may share Your Personal Information with these third-party service providers if they need it to perform services on Our behalf. However, use of the Personal Information shared is strictly limited to the performance of the task We request and for no other purpose. All third parties with whom We share Personal Information are required to protect it in a manner similar to the way We protect information.
- Parent Companies and Subsidiaries of 9thWonder. We may need to share Your Personal Information with Our parent companies or subsidiaries in order to assist with certain requested services, including issuing invoices. Only employees with a need to obtain Your Personal Information will be granted access to such information.
- Disclosure of Personal Information for Legal and Administrative Reasons. If We believe in good faith that it is necessary and appropriate, We may disclose Your Personal Information without notice: (i) to cooperate in investigations of fraud or any other activity that is illegal or may expose Us or You to legal liability; (ii) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view Your Personal Information); (iv) to protect and defend the rights, property or safety of Us, Our affiliates, subsidiaries and partners and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the other Users of the Services; (v) to verify the identity of the Users; (vi) to protect the security and integrity of the Services; (vii) to protect the rights, property or personal safety of 9thWonder, Our Users or others; and (viii) to enforce the 9thWonder Terms and Conditions. Where possible and appropriate, We will notify You if We are required by law to disclose Your Personal Information.
- Business Transfers. Your Personal Information may be transferred, sold or otherwise conveyed to a third party where We: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of Our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganized. You consent to any and all such conveyances of Your Personal Information.
7. PERSONAL INFORMATION HELD ON SERVERS LOCATED IN THE UNITED STATES.
By providing Your Personal Information to 9thWonder, You consent to 9thWonder storing Your Personal Information on servers hosted in the United States. Your Personal Information will be stored on such servers and will remain within 9thWonder’s effective control at all times. We have taken steps to use the necessary level of protection for Your Personal Information.
You should not provide 9thWonder with Your Personal Information or use the Services if You do not want Your Personal Information to be stored on Our servers.
8. STORAGE OF PAYMENT DETAILS
If You choose to pay invoices online Your credit card details are not stored by the Services and cannot be accessed by 9thWonder staff. Your credit card details are encrypted and securely stored by a third-party payment gateway.
9. HOW LONG USER INFORMATION IS KEPT
We will only keep Your Personal Information for as long as We require it for the purposes of providing You with the Services. We may keep a copy of Your Personal Information in Our archives for as long as We reasonably need it. We may alter this practice according to changing requirements. For example, We may delete some data if needed to free up storage space. We may keep other data for longer periods if applicable law requires.
You may delete Your 9thWonder account and User profile at any time. If You ask 9thWonder to close Your 9thWonder account and delete Your information, We will do so within a reasonable period of time. Please note that 9thWonder may need to retain some information about You in order to satisfy legal and security obligations. In addition, You should be aware that it is not always possible to completely remove or delete all of Your information from databases without some residual data because of backups and other reasons.
10. PROTECTION OF YOUR INFORMATION
We conduct Our business with great respect for the confidential nature of the information being provided and have security standards and procedures in place designed to prevent unauthorized access to Your Personal Information, to ensure that Your Personal Information is kept confidential, and that it is used only for the purposes for which it was collected. Consistent with industry standards and practices, We maintain physical, electronic, and procedural safeguards, which We review, refine, and upgrade as We deem appropriate based on new tools becoming available, to protect Your Personal Information.
Unfortunately, the transmission of information via the Internet is not completely secure. Although We do Our best to protect Your Personal Information, We do not guarantee, and You should not expect, the security of Your Personal Information or private communications transmitted to Us via the Internet. Email is generally not a secure means of transferring information. We therefore cannot guarantee that this information will not be lost or used in a fraudulent manner and We encourage the use of email encryption to communicate with Us. Any transmission of Personal Information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your Personal Information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorized persons or in any unauthorized manner. The safety and security of Your Personal Information also depends on You. Where We have given You (or where You have chosen) a password for access to certain features of the Services, You are responsible for keeping this password confidential. We ask You not to share Your password with anyone. You should notify Us as soon as possible if You become aware of any misuse of Your password, and immediately change Your password within the Services.
11. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You are responsible for helping Us to maintain the accuracy and completeness of Your Personal Information. We urge You to review Your Personal Information regularly to ensure that it is correct and complete. If You would like to review Your Personal Information or if You believe that any of Your information is incorrect or has changed, please follow the instructions on the Site to update such information.
You may contact Your personal account manager, call ______, or send an email to ______, with the subject heading “Update Personal Information” and state the Personal Information You would like to review or provide the relevant Personal Information to be updated. 9thWonder will process Your request as soon as reasonably practicable, provided We are not otherwise prevented from doing so on legal grounds, or Your identity cannot be verified. If We are unable to meet Your request, We will let You know why. For example, it may be necessary for Us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for Us to process Your request in the manner You have requested.
12. YOU CAN OPT-OUT OF ANY EMAIL COMMUNICATIONS
Your Personal Information will not be sold to advertisers or spammers. 9thWonder sends service information, Services updates and Services notifications to You via email. Our emails will contain clear and obvious instructions on how to unsubscribe. 9thWonder will also remove You at Your request if You send an email to firstname.lastname@example.org, with the subject heading “Opt-out.”
Please note that even if You opt-out or unsubscribe from promotional offers or other marketing messages, We still may need to share Your Personal Information or send communications relating to Your use of the Services, such as a transaction initiated by You, including, without limitation, engaging Us to assist with a project, or for other legitimate non-marketing reasons.
13. PUBLIC FORUMS
14. THIRD-PARTY WEBSITES/LINKS
The Services may contain advertising and links to external third-party sites or applications that We do not own or operate. This may include links from advertisers, sponsors and/or partners that may use Our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these third-party sites or their content, products, services or privacy policies or practices. These other sites or applications may send their own cookies to Your device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of Our offerings (including those linked to through an email or application).
15. CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits residents of the State of California to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To make such a request You should send (i) an email to email@example.com, with the subject heading “California Privacy Rights,” or (ii) a letter to 9thWonder, Attention: Legal, 1201 San Jacinto, Suite 267, Houston, TX 77002. In Your request, please attest to the fact that You are a California resident and provide a current California address for Our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in Our response. We reserve the right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
16. DO NOT TRACK
We may work with third parties that use tracking technologies on the Site, including in order to provide tailored advertisements on Our behalf and on behalf of other advertisers across the Internet. These companies may collect information about Your activity on the Site and other sites over time, as well as Your interaction with Our advertising and other communications, and use this information to determine which ads You see on third-party sites and applications. For more information about this practice and to understand Your options, please visit http://www.networkadvertising.org/ or http://www.aboutads.info.
18. HOW TO CONTACT US
1201 San Jacinto
Houston, TX 77002
9thWonder is committed to working with You to obtain a fair resolution of any privacy concern in compliance with applicable law.