1.866.WEBAIR.1

PRIVACY POLICY

(INCLUDING YOUR CALIFORNIA PRIVACY RIGHTS)

This is the official Privacy Policy for the use of our Website. We will use the term Website to refer to http://www.webair.com, as well as all equivalent, mirror, replacement, substitute or backup websites and all included web pages and all the services, features and functions that are offered and made available on, through or using our Website, as well as all of the Content that relates to our Website. This Privacy Policy is a part of the Terms of Use which can be read at http://www.webair.com/pdf/aup.pdf which together with any Additional Terms, forms your agreement with us. Any terms not defined in this Privacy Policy have the meaning set forth in those documents.

This Privacy Policy governs the Personal Information (as defined below) collected by our Website and does not cover any other information, whether collected in any other manner or for any other purpose, nor on any other website or service unless specifically stated.

Overview:

Our Privacy Policy is intended to explain our privacy practices and inform you as to:

  • The kinds of Personal Information we collect from users and how such Personal Information is collected;
  • How we use Personal Information;
  • The circumstances under which we disclose Personal Information to third parties;
  • How you can access, update or delete any Personal Information we collect about you; and
  • The mechanisms we have implemented to protect your Personal Information.

We have the right to revise this Privacy Policy at any time and from time to time by posting an updated version on our Website, without advance notice to you. The revisions shall be effective to you immediately upon posting. We encourage you to check this Privacy Policy often so you are aware of the most current terms and conditions that apply to you. We may also, at our discretion, email you about these changes.

When we use the term Personal Information we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog, video log or any personal website URL, your date of birth, email address, gender, and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses, and your transactions and interactions with us if you are or have been a user and/or Webair customer. For example, if you are a Webair customer, in addition to your name and contact information, we may also collect and maintain your billing address, service selections, account number, credit card or other payment instrument information and/or your computers and/or servers internet address and website, including any link that may have referred or directed you to our Website (e.g., to our Website from a referring URL).

We are committed to protecting our users' privacy and keeping Personal Information you share with us through the use of our Website secure. It is also important for us to explain to you how we collect, use, disclose and maintain your Personal Information and to help you understand these procedures. We maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information and, while no data transmission over the Internet is completely secure, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

General:

Our Website is designed and targeted to United States audiences and governed by and operated in accordance with the laws, regulations, and treaties of the United States. By your use of (or attempt to use) our Website, you certify you are at least 13 years of age and if you are a Minor, you have obtained consent from your parent as required (Please see our Terms of Use). We make no representation that our Website is operated in accordance with or governed by the laws of other nations or jurisdictions. If you are located in the European Union or elsewhere outside of the U.S. and you use or attempt to use the Website contrary to our Terms of Use which state that only U.S. residents are eligible to be users, you do so at your own risk and you are responsible for compliance with any applicable local and national laws, rules and regulations and, if applicable, international treaties.

By using our Website and providing us with Personal Information, you consent to the transfer of your Personal Information to and from the U.S. and waive any claims that may arise under your own or any other local or national laws, rules or regulation or international treaties. All users of our Website are required to provide true, current, complete and accurate Personal Information when prompted and we have the right to refuse or revoke your right to use our Website and/or reject and delete any entry you make, if we have reason to believe that the information you provide to us is or may be false, fraudulent, or inconsistent with this Privacy Policy or in violation of the Terms of Use. Your continued use of our Website indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, maintenance, management and storage of your Personal Information as described. We may from time to time, transfer or merge your Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our advertisers and promotional partners. This Privacy Policy remains applicable to your Personal Information for as long as your Personal Information is in our possession, even if you terminate or discontinue your use of our Website and you acknowledge and agree you will be bound by its terms.

Collection and Use of Personal Information:

We collect Personal Information about you when you use our Website, as a user, whether or not you sign up for particular activities, services, features or functions, order or purchase goods or services or simply in the course of exchanges of information, transactions and activities in connection with our Website. We may use your Personal Information to tailor your experience on our Website and understand your preferences, among other things, to provide you with offers we think may be of interest to you. It is your responsibility to give us current, complete, truthful, and accurate information and to keep the Personal Information that you provide us up to date. We cannot and shall not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to participate in or use any or all of the activities, services, features or functions of our Website.

Promotions and Offers.

We may make certain promotions and offers available on the Website (e.g. special offers or discounts on Webair services) and in addition to the Additional Terms that may apply, you may be required to submit Personal Information (e.g. your name, street address, city, state and zip code, email address and telephone number) in order to take advantage of these offers. When you take advantage of any such offer, you are also confirming your agreement to comply with all of the Additional Terms that may apply, in addition to the Terms of Use, of which this Privacy Policy is a part.

Opt-Out Procedures.

Unless you Opt-out of receiving marketing and promotional e-mails from us, we may contact you by email to promote Webair services or send offers we believe may be of interest to you. You may chose to Opt-Out of receiving marketing and promotional emails from us by sending us an email to postmaster@webair.com. Your request to Opt-Out will be processed within 10 business days of our receipt of notice from you. Once your request has been processed we will not send you any marketing or promotional e-mails. We may always contact you via email for administrative or informational purposes, including (a) follow-up messages regarding the administration of offers you have accepted or indicated interest in, (b) services you have selected or ordered, or (c) other transactions you have initiated in connection with our Website.

Disclosure to Third Parties.

We do not sell, rent, lease or disclose your Personal Information to non-affiliated entities (i.e. entities that are not subsidiary or affiliated companies) or entities that are not our advertisers or operational service providers, except in the limited circumstances disclosed in this Privacy Policy. If we plan to disclose your Personal Information to any non-affiliated entities, we will ask for you to Opt-In, in which case their use of your information is subject to their privacy policies. We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining our Website and our operations. These third party specialists that provide support to our Website and Content are our operational service providers and we use them to efficiently provide the full range of Content, services, promotions, advertising, downloading and other features and functions we offer or make available to you. We request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with us. Additionally, these operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.

We will make your Personal Information available to non-affiliated third parties in the following limited circumstances:

  • When we are compelled to do so by a governmental agency, court or other entity (e.g. to respond to subpoenas, court orders or legal process);
  • If we believe your actions violate any law, regulation, any term or condition of the Terms of Use, including, without limitation, this Privacy Policy, or any Additional Terms or rules applicable to Content or if you threaten the rights, property or safety of us, our parent, subsidiaries or affiliated companies, our Website, services, any of our operational service providers, suppliers, advertisers, customers, other users, customers or any other party;
  • If in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries to protect our business and assets, to defend our interests, or to comply with any legal and regulatory obligations; or
  • In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us.

Cookies and Similar Technology.

We use cookie technology to collect data regarding your visits to our Website and your use of our Website. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:

  • Saving your user ID or other information so you don't have to re-enter it each time you visit or use our Website;
  • Keeping count of your return visits to our Website, advertisers or partners' sites;
  • Accumulating and reporting aggregate, statistical information in connection with our Website and Content; and
  • Determining which Websites, Content, features and functions users like best.

Although we may track the numbers of users to inform us on how best to update and enhance our Website, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate, enhance, and improve our Website and display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent or you can choose to turn off all such mechanisms. This is done through your browser. If you turn cookies off, you may not have access to many features and functions of our Website that make your experience more efficient and enjoyable and our Website may not function properly. Our Website may contain advertisements, references and links to other services, websites and organizations. We may also use third parties to display or serve advertising and to communicate to you. Often these third parties employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules apply to the collection, storage, maintenance, use and disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours and even if we have a relationship with a third party, we do not control their websites, their technology or policies and practices regarding your information. This Privacy Policy does not cover any use of Personal Information that a third party, an advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard.

Security and Protection of Personal Information.

We maintain commercially reasonable standards of security and confidentiality to protect and ensure the security of your Personal Information. We also take commercially reasonable measures to prevent any open proxies, open relays and the dissemination of computer viruses, worms, or trojan horses in connection with our e-mail network. However, for most Internet websites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of our Website in the same way. We also limit access to our Website by our own employees to individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy. If you do not understand or are not sure what Personal Information may be collected or used for particular purposes, you should contact our Privacy Administrator via email at privacy@webair.com and be prepared to provide verification of your identity. If you become aware of any abuse or misuse of Personal Information in connection with our Website, through e-mail communications which appear to be from us or violations of our Privacy Policy, please report such issues to us at abuse@webair.com.

Review, Update or Delete Your Personal Information.

Generally, you may review, update or delete any of your Personal Information collected by or through our Website. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, may be modified with sufficient verification of the correct information, but cannot be deleted and if you delete or attempt to delete such information, it may result in the suspension of any and all rights you may have to use our Website, your registration as a user and/or other aspects of our Website or services we make available to you. If you have registered for our Website or provided any information as part of an account or profile in connection with our Website, you may review, update or delete your Personal Information and you should go to our Website and follow the instructions there that will explain how you can edit, change, update and, with some exceptions noted, delete your Personal Information.

We reserve the right to deny, suspend, deactivate, terminate and/or cancel any registration, use of or access to our Website and any services, content, activities, features or functions, if we believe there is a question about the identity of the person trying to use or access any portion of our Website, to receive any services from us, to use or access any information or to use a user ID. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide you access to such information. In such cases, we will provide you with an explanation of why access cannot be provided and a contact person for further inquiries.

Privacy Rights of California Residents:

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California, a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-Out or Opt-In choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may, instead, provide you with information on how to exercise your disclosure choice options. Webair qualifies for the alternative option: it has a comprehensive Privacy Policy and provides you with details on how you may either decline to permit (Opt-Out) or consent to (Opt-In) the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator at privacy@webair.com. or you may contact us via postal mail at:

Privacy Administrator:
Webair Internet Development, Inc.
501 Franklin Ave Suite 200
Garden City, NY 11530
Attn: Your California Privacy Rights

All requests sent via postal mail must be labeled Your California Privacy Rights on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, notices that are illegible or do not have complete information. To all users of the Website, if you have any questions about this Privacy Statement, please contact our Privacy Aministrator:

Administrator at privacy@webair.com. or:
Webair Internet Development, Inc.
501 Franklin Ave Suite 200
Garden City, NY 11530
Attn: Privacy Administrator

Questions.

If you have any questions about our Privacy Policy you can go directly to http://www.webair.com. If you cannot find the answer to a question related to our Privacy Policy, or if you do not understand the information about how we collect, maintain, store, use or share your Personal Information, you may contact our Privacy Administrator at privacy@webair.com.

Sole Statement.

The foregoing statements, terms and conditions contained in this Privacy Policy are the sole statement of our privacy policy, and no summary, restatement or other version, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.

This Privacy Policy was last modified on JULY 4, 2010 and is effective immediately.

© Copyright 2012 Webair Internet Development, Inc. All Rights Reserved.


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