Privacy Policy

Last Updated: April 1, 2011

Our Commitment to Privacy
Thank you for visiting the WATCH & TRAIN'S website located at www.watchandtrain.com (the “Site”). The Site is an Internet property of WATCH & TRAIN'S (“we,” “us”). Our privacy policy (“Privacy Policy”) was developed as an extension of our commitment to integrity in dealing with our Members (as that term is defined hereinbelow) and their personal information. This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information that you provide to us and to assist you in making informed decisions when using our Site. We collect information on the forms that you complete in connection with purchasing and streaming or downloading any Files and Other Products (“Member”). You agree to this Privacy Policy, in its entirety, when you: (1) access or use our Site; (2) agree to receive marketing from us on this Site or via any other means; (3) provide any Active or Passive Information (as those terms are defined hereinbelow) to us on this Site or via any other means.

If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please CLICK HERE. Please be advised that where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.

No Use of Our Site by Persons Under Eighteen (18) Years of Age or Non-U.S. Residents
Persons under eighteen (18) years of age, and persons that are not residents of the United States, are restricted from using the Site and no person under eighteen (18) years of age or non-resident of the United States should disclose any information on, or otherwise use, this Site. We do not knowingly solicit or collect information from non-U.S. resident visitors and visitors under eighteen (18) years of age. For the purposes of this Privacy Policy, "United States" shall be defined as the fifty (50) states and other territories including the Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau and Guam. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. You may learn more about protecting children's privacy online by visiting www.ftc.gov/kidzprivacy.

What Information Do We Collect?
When you visit our Site, you may provide us with two (2) types of information: (1) personal information that you actively choose to disclose ("Active Information

Active Information that You Choose to Provide
In order to purchase and download any File or Other Programs, you must provide us with the the following valid information: (1) your name; (2) address; (3) telephone number; and (4) email address.

How Do We Use the Information Collected?
Any Active Information that you submit at the Site remains your property. However, by submitting that information to us, you grant to us the right, subject to applicable state and federal law: (1) to share your Active Information with third party individuals and entities that we employ directly, or as contractors or agents at our direction; (2) to share your Active Information with third party advertisers and marketers; (3) to use your Active Information for purposes of administering our business activities, including the operation of the Files or Other Programs; (4) to use your Active Information for purposes of providing customer service, such as support; and (5) to use your Active Information in order to send you information about products and/or services that we, and/or our third party advertisers and marketers, think may be of interest to you. In addition, we may use the Active Information and/or Passive Information that you provide to us to contact you about changes to our Site, the services, features or products that we or our third party advertisers and marketers offer and/or other information that we believe that you may find valuable. If, at any time, you do not wish to receive such information, you may chose to "opt-out" through the instructions contained in the section entitled “How Can You Choose Not to Receive Information About Products or Services” below.

Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Active Information with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third-parties may include, but shall not be limited to, providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation, and e-mail marketing. We may also use your Active Information for any Site related purpose, and/or marketing and survey purpose, on our own behalf and on behalf of our affiliates and subsidiaries. We may disclose Active Information to third-party agents and independent contractors that help us operate the Site. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site.

Without limiting the generality of the foregoing, by submitting your e-mail address at the Site, you agree to receive e-mail marketing from us and our third party advertisers and marketers. We, and our third party advertisers and marketers, may maintain separate e-mail lists for different purposes. If you wish to end your e-mail subscription to a particular list, you must follow the instructions contained in each e-mail correspondence that you receive from us, the applicable third party advertiser or marketer, to unsubscribe from that particular list. To unsubscribe from all of our e-mail lists, please follow the instructions set forth in the “How Can You Choose Not to Receive Information About Products or Services” section below. We only send e-mail marketing to individuals that have agreed to receive e-mail from us and to individuals that have otherwise agreed, on third party websites, to receive e-mail marketing from companies such as us. We do not send unsolicited commercial e-mail. As a result, certain statutes requiring particular formatting for unsolicited commercial e-mail may not be applicable to the commercial e-mail that is sent by us. Notwithstanding the foregoing, we will not send you any e-mail marketing, or allow any third party to send you e-mail marketing, from which you cannot unsubscribe.

In addition, you agree that by submitting your Active Information at the Site, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third party advertisers and marketers. Notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. We also reserve the right to release current or past Member/user information (both Active Information and Passive Information) in the event that: (1) we believe that the Site is being or has been used to commit unlawful acts; (2) if the information is subpoenaed or otherwise required in a court proceeding; (3) in the event that you violate or breach an agreement with the Site including, but not limited to, this Privacy Policy; (4) in the event that you have submitted fraudulent or otherwise invalid information to this Site; (5) we believe that you may harm, or have harmed, the property or rights of us, the Site or any other third party; (6) if we are sold or acquired; or (7) when we otherwise deem it necessary or appropriate.

By agreeing to this Privacy Policy, you hereby consent to disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the requirements of the CAN-SPAM Act of 2003, as amended from time to time (“CAN-SPAM”) or any other applicable state or federal law, rule or regulation.

In addition, you agree that by submitting your Active Information at the Site, such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, making a purchase or requesting information from, a third-party advertiser at or through the Site, such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of CAN-SPAM and the ATSR and, as such, you may be contacted via e-mail, direct mail and/or telephone by such third-party advertiser in accordance with CAN-SPAM and the ATSR.

Your Information in Relation to the Offers of Our Third Party Advertisers and Marketers
You can access certain third party advertiser and marketer websites through our Site. When you opt to enter into a transaction with, receive information from or provide information to such third party advertisers or marketers, you may be doing so through the third party websites of such third party advertisers or marketers. These third-party advertisers, marketers and associated websites have separate privacy and data collection practices and we assume no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of each of the third-party advertisers and marketers that may advertise at the Site. The entities that advertise and/or place banner ads at the Site including, but not limited to, these third-party advertisers and marketers, are independent third-parties and are not affiliated with us. You should read the privacy policies of such third party websites to make sure that you agree to their terms before using such websites. If you wish to opt out of receiving mailings from such third party advertisers and/or marketers, you must do so directly with such third party advertisers and/or marketers, or as otherwise provided on or through their respective websites.

How do We Secure Active Information?
We attempt to secure your Active Information by using reasonable technical efforts to prevent unauthorized access to, or accidental disclosure, loss or destruction of, such Active Information and Passive Information. Efforts we may take to ensure the security of your personal information once it is in our control include, but are not limited to: (1) maintaining our own servers under our private control; (2) the use of industry standard encryption software when we transmit and store sensitive data (including, without limitation, Social Security Number-related information); and/or (3) monitoring of our network and servers for intrusion. However, as all Internet transmissions may pass through many servers not controlled by us, we cannot guarantee that any information that you provide to us or that we collect will not be intercepted or altered in that process. Communications that you may have with us via text messaging, email or regular mail may not be secure unless we advise you that security measures are in place prior to your sending such information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we request that you do not send or post sensitive information through these means. Access to your Active Information is strictly limited, and not accessible to the public. All of our Members' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example a customer service representative) are granted access to Active Information. Our employees are dedicated to ensuring the security and privacy of all of our Members' information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Active Information and Passive Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage and to engage in remedial measures.

How Can You Choose Not to Receive Information About Products or Services
To opt-out of having your information shared with third-parties, please This email address is being protected from spambots. You need JavaScript enabled to view it.. Please be advised, however, that when you select this opt-out option, we will still share your information with third parties, as necessary, in order to operate the Site and/or process any transaction that you entered into by and through the Site for as long as you are a Member.

To stop receiving future commercial communications directly from us, please This email address is being protected from spambots. You need JavaScript enabled to view it. Please be advised, however, that when you select this opt-out option, we will still send you e-mails and other communications regarding the Site and/or any transactions that you entered into by and through the Site for as long as you are a Member.

We may maintain separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from the particular list. To unsubscribe from all of our e-mail lists, a person must visit the "Account Details" section at the My Account page. Or send a written request to:
Customer Service Manager
Watch & Train LLC
4502 N. Dover #3N

Chicago, IL 60640

We will promptly update our records upon receiving your clear instructions to opt-out, but it may take up to ten (10) days for the change to be fully effective. If you later indicate that you want to receive emails from us and/or our third party advertisers and marketers after such date, then that opt-in statement will supersede any earlier opt-out request.

How to Correct, Delete or Access Your Information
If you wish to access, delete or correct the information that you have provided to us through this Site, please visit the "Account Details" section at the MyAccount My Account section of the website.

 

Changes in Privacy Policy
WE RESERVE THE RIGHT TO REVISE OR UPDATE THIS PRIVACY POLICY AT ANY TIME BY POSTING A NOTICE AT THE SITE EXPLAINING THAT WE ARE CHANGING OUR PRIVACY POLICY. THE USER'S CONTINUED MEMBERSHIP, USE OF THE SITE, USE OF THE SITE AND/OR CONTINUED RECEIPT OF OUR E-MAILS FOLLOWING ANY SUCH REVISION OR UPDATE CONSTITUTES AN AFFIRMATIVE ACKNOWLEDGEMENT AND ACCEPTANCE BY THE USER OF THE MODIFIED PRIVACY POLICY. SUCH REVISIONS TO THE PRIVACY POLICY SHALL TAKE EFFECT AS SOON AS THEY ARE POSTED. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE PRIVACY POLICY CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THEREFORE, YOU SHOULD CHECK THE SITE AND THIS PRIVACY POLICY PERIODICALLY FOR CHANGES.

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