Privacy Policy
Terms of access
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Westendorf Property”), and the features and functions on this Westendorf Property, are subject to these Terms of Access including any terms, conditions, policies and notices linked or referenced from here (“Terms”). The Westendorf Property is owned and/or controlled by Westendorf Manufacturing Co., Inc. and its subsidiaries, division, affiliates, and brands (collectively, “Westendorf”). By accessing the Westendorf Property in any way, including, without limitation, browsing the Westendorf Property, using any information contained on or in the Westendorf Property, and/or submitting information to Westendorf, you agree to and are bound by the Terms, and the Westendorf Standard Terms and Conditions, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Iowa law.
From time to time Westendorf may update these Terms. Your use of the Westendorf Property after any changes to these Terms are posted constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Westendorf may, in its sole discretion, and at any time, change or discontinue the Westendorf Property or any part thereof, with or without notice, or may prevent your use of the Westendorf Property with or without notice. You agree that you do not have any rights in the Westendorf Property and that Westendorf will have no liability to you if the Westendorf Property is discontinued or your ability to access the Westendorf Property or any content you may have posted on the Westendorf Property is terminated.
By accessing or linking to the Westendorf Property, you assume the risk that the information on the Westendorf Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Westendorf may add, change, discontinue, remove or suspend any of the information, features and other content included in the Westendorf Property at any time, without notice and without liability. Due to the open nature of the Westendorf Property, and the potential for errors in the storage and transmission of digital information, Westendorf does not warrant the accuracy of information contained on or obtained from the Westendorf Property.
License and Access to Westendorf Property
Westendorf grants you a limited license to access and make use of the Westendorf Property solely for legitimate non-commercial, business purposes, subject to these Terms. Any access or attempt to access other areas of any Westendorf computer system or other information contained on the system for any other purposes is strictly prohibited.
When using the Westendorf Property: (a) you will not use any electronic communication feature of the Westendorf Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Westendorf Property for any commercial transactions that are unrelated to the purposes for which the Westendorf Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Content on the Westendorf Property that is provided by Westendorf or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("Westendorf Content") is the property of Westendorf or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any Westendorf Content for use in any publications, in public performances, or on websites or applications other than the Westendorf Property for any unpermitted commercial purpose, in connection with products or services that are not those of Westendorf, in any other manner that is likely to cause confusion, that disparages or discredits Westendorf and/or its licensors, or that dilutes the strength of Westendorf’s or its licensor's intellectual property, or that otherwise infringes Westendorf’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree not to misuse any Westendorf Content or User Content (defined below) in any other manner.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, you must contact us immediately.
Reviews, Content and Submissions
From time to time on certain areas of the Westendorf Property you may be able to submit reviews, comments, feedback and certain other materials ("User Content"). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Westendorf in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of Westendorf, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Westendorf Property, or any feature of the Westendorf Property. You further understand and agree that you have no ownership rights in any account you may have with Westendorf, or other access to the Westendorf Property or features therein. Westendorf may terminate or suspend your account and delete all User Content associated with your account at any time, and without notice, if Westendorf deems that you have violated these Terms, the law, or for any other reason. Westendorf assumes no liability for any information removed from the Westendorf Property, and reserves the right to permanently restrict access to the Westendorf Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Westendorf Property, you hereby grant to Westendorf a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own or have a valid license to use the content submitted, displayed, published or posted by you on the Westendorf Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Westendorf’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Westendorf or its initiatives (your “Ideas”). With respect to your Ideas you acknowledge that: (a) Westendorf receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Ideas, and that Westendorf’s review of your Ideas is not an admission of novelty, priority or originality; and (b) Westendorf’s use of any ideas similar to your Ideas, whether based on your User Content, provided to Westendorf by third parties, or independently developed or considered by Westendorf, shall be without obligation to you.
Any photos that you submit may be used at Westendorf's sole discretion. By submitting a photo you grant Westendorf a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, and publish your photo in any and all media throughout the world without compensation to you. You should only submit photos that you have personally taken.
Third Party Technology, Websites and Applications
The Westendorf Property may include third party technology, services, software, applications, and links to third party websites (“Technology”). Westendorf is not responsible for the practices or policies of such third parties, nor the content of any third party website or application, and does not make any representation regarding third party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third party website or application, you do so at your own risk.
To the extent applicable, your use of such third party Technology is subject to these Terms as well as the additional terms and conditions located here.
Indemnification
You agree to indemnify, defend and hold Westendorf, its parents, affiliates, subsidiaries, officers, employees, and website contractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to Westendorf or the Westendorf Property.
Representations and Limitations of Liability
Westendorf makes no representations about the reliability of the features or functions of the Westendorf Property, the Content, User Content, or any other Westendorf Property feature or function, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Westendorf makes no representations regarding the amount of time that any Content or User Content will be preserved. Westendorf does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You acknowledge and agree that any use or reliance on any User Content will be at your own risk and you are solely responsible for any such use or reliance. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Westendorf without the prior review and written approval of Westendorf.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WESTENDORF OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WESTENDORF OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WESTENDORF’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WESTENDORF, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WESTENDORF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Cross Reference Information
Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for your intended use.
Hypertext Links
The Westendorf Property may be linked to other sites which are not maintained by Westendorf. Westendorf is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Westendorf of the linked sites. Westendorf disclaims any liability for links: (a) from another site to the Westendorf Property, and (b) to another site from the Westendorf Property. In order to link to the Westendorf Property all users must comply with the Westendorf Linking Terms.
Westendorf Linking Terms
Linker may only use the text and images provided by Westendorf in the manner and locations specified on the page displayed upon acceptance of these terms. Linker shall update all Westendorf images/text within 7 days of receipt of notice from Westendorf of any changes/revisions. Westendorf may modify images/text at any time. Linker acknowledges the validity of the Westendorf trademark, Westendorf's exclusive right, title and interest in such trademarks and the material contained on the Westendorf website, ownership of same by Westendorf and agrees not to challenge trademark ownership or validity. In addition, Linker will not at any time do or cause to be done any act or thing contesting or in any way impairing part of such right, title and interest. In connection with the use of the trademarks, Linker shall not in any manner represent that it has any ownership in the trademarks or registrations thereof. Linker acknowledges that use of Westendorf’s trademarks shall inure to the benefit of Westendorf. Linker agrees that it will not at any time do or cause to be done any act or impair in any way the image/reputation of the Westendorf business. In connection with use of the Westendorf trade name/reference, Linker shall not in any manner represent that it is endorsed or sponsored by Westendorf or that Linker is acting in a representative capacity of Westendorf. Except for the uses set forth herein, Linker shall not utilize the Westendorf name nor its relationship with Westendorf for purposes of or in any manner, which intentionally gives rise to advertising or publicity, unless Westendorf shall consent to such use in writing prior to publication. Regardless of the foregoing, Westendorf reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the Westendorf Web site within 24 hours of receipt of notice from Westendorf. LINKER EXPRESSLY AGREES THAT USE OF WESTENDORF MATERIALS AND WEB SITE IS AT LINKER'S SOLE RISK. WESTENDORF DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, WESTENDORF PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. WESTENDORF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WESTENDORF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN.
Patents
One or more patents and pending applications for patent owned by Westendorf apply to the Westendorf Property and to the features and services accessible via the Westendorf Property.
Trademarks
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Westendorf Property or third party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
Miscellaneous
These Terms will be governed by and construed in accordance with the laws of Iowa without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Monona County, Iowa. These Terms operate to the fullest extent permissible by law. Accessing materials on the Westendorf Property by certain persons in certain countries may not be lawful, and Westendorf makes no representation that materials on the Westendorf Property are appropriate or available for use in locations outside the United States. If you choose to access the Westendorf Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
On certain areas of the Westendorf Property, you may be given the ability to provide Westendorf with personally identifiable information. Please read the Westendorf Privacy Policy for more information about Westendorf’s information collection and use practices, which policy applies to information collected on the Westendorf Property and your use of the Westendorf Property is subject to that policy.
If Westendorf fails to act with respect to your breach or anyone else's breach on any occasion, Westendorf is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Privacy Policy
Last Revised: 02/05/2015
About This Policy
This notice describes the information practices of Westendorf Manufacturing Co., Inc. and its subsidiaries, divisions, affiliates, and brands (collectively “We”) as it relates to the websites and apps on which this policy is posted (“Site(s)”). This includes mobile websites and applications. It does not apply to information We might collect on other sites or in other forums, including by email or offline.
Information We Collect
Our web servers collect general data pertaining to each Site visitor, including but not limited to, the IP address, tracking codes, the domain name, the web page, the length of time spent and the pages accessed while visiting this Site. This may also include GPS locations for some of our mobile applications. We also collect personally identifiable and transactional information provided by companies and Site visitors that purchase products from that Site. This information includes contact information, shipping information, credit cardholder name, and card number/expiration date. We may also retain the content of the communications that are sent to our customer service representatives.
How We Collect Information
We collect information directly from you - for example when you register on the site, participate in a survey, or fill out a form requesting information from us.
We collect information from you passively – We (or vendors acting on our behalf) use common collection techniques like cookies, and web beacons. This policy describes how and when We use these practices.
We obtain information about you from third parties with whom We work – for example, our suppliers, resellers, and other business partners.
Use of Information Collected
We use the information that is collected from Site visitors and customers, or otherwise in connection with the Sites, as is disclosed at the time information is collected, as is otherwise disclosed to you, and as follows:
· To respond to your requests or inquiries and to fill your orders;
· To understand the use of the Sites, improve the content of the Sites, customize the shopping experience for Sites visitors and customers, and otherwise improve our products, services, the Site and our your online experience, including through using the collection practices described here.
· To notify Site visitors of changes to the Sites, new products and services, and for any other legitimate and lawful business purpose, including to notify you of changes to this Privacy Policy, our website Terms, or other terms that may impact your use of the Sites;
· To protect the security or integrity of the Sites, our company, or our customers and visitors; and
· To determine your browser, recognize new visitors or existing users, and better understand our audience, customers and website visitors (including by using tracking tools).
Information Sharing
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We may share your information as follows:
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Can you limit the sharing?
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Among our various subsidiaries, divisions, affiliates, parent organizations, and brands;
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No
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With third parties, such as suppliers, financial institutions, and others who perform services on our behalf;
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No
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With any successor to Westendorf Manufacturing Co., Inc.’s interest, or otherwise in connection with a merger, sale, or transfer of all or part of our business operations;
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No
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With third parties whose products or services might be of interest to you or for joint promotional purposes;
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Yes
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In response to subpoenas, investigative requests (with or without subpoena) and other legal process, to exercise Our legal rights and defend against legal claims; and,
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No
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For other reasons as may be described to you, for example in some situations We will share information with a marketing partner who is working with us to provide you with a program or service
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In some circumstances
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Your Choices
Recipients of our e-mail marketing messages can unsubscribe from receiving promotional e-mail by using the unsubscribe instructions located at the bottom of the message, or by sending a request with “unsubscribe” in the subject line to unsubscribe@westendorfmfg.com.
Site visitors can also request that their personal information not be shared with third parties solely for e-mail marketing purposes by sending their request with “do not share” in the subject line to unsubscribe@westendorfmfg.com. Because mailing lists are prepared in advance of each promotion, you may be sent a couple of promotions before the change is effective.
You have certain choices about the ads you see and generally our tracking activities. To learn more about those choices, and to learn more about our advertising and tracking activities, see About Westendorf's Ads & Tracking Activities below.
Security
Our Site uses industry-standard encryption technology to provide for the security of your credit card numbers. In addition, We have put in place reasonable procedural and technical standards to protect the security of our Sites and information We maintain. However, We cannot guarantee that any electronic commerce is totally secure. We encourage you to take affirmative steps to protect yourself online, including ensuring that any online account information you have remains secure.
Links and Third-Party Collection
The Sites contain links to other sites that are not owned, maintained, operated, or endorsed by or for Westendorf and not subject to the same privacy and other policies. The inclusion of any link to such sites does not imply any recommendation or sponsorship of such sites. You should read the other site’s privacy policies to understand how personal information collected about you is used and protected. The Sites also contain third party technologies that collect non-personally identifiable information from you directly. This includes third party social sharing buttons. These third parties might use passive tracking techniques such as cookies or web beacons to collect your information. Westendorf does not control these third parties. To learn more about their activities, please visit their websites and privacy policies.
Non-US Users
The Sites are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States and by using the Sites/giving your information, you consent to such transfer, and understand that the U.S. may not provide the same level of protections as the laws of your country.
Policy Updates
From time to time We may change our privacy policies because of changes in the relevant and applicable legal or regulatory requirements, changes in our business or business practices, or in our attempts to better serve our customers. Notice of any material changes in the manner in which We handle personally identifiable information under this policy will be provided on the Sites. Please check the Site periodically for updates. Policy updates shall be effective the date the change is posted on the Site. By continuing to use the Site after We post any changes, you agree to the terms of the updated policy.
About Westendorf's Ads & Tracking Activities
We Use Common Tracking Technologies
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We use common tracking technologies on our websites and apps. We may use these tools on other platforms too, like email and social media sites. (In this document we call all of these platforms “Sites”). We collect personal information about users over time and across different Sites when you use these Sites. We also work with third parties that collect personal information this way. To do this, we or the third parties we work with use several common tracking tools. These may include browser cookies. We may also use web beacons, pixel tags, flash cookies, and similar technologies.
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We Use Tracking Technologies for a Variety of Reasons
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Tracking technologies are used to understand the activities and behaviors of our consumers and Site visitors. They are also used to better understand our Site users. We, or third parties we work with, do this for many reasons, including the following:
• To recognize new visitors to our Sites.
• To recognize past visitors.
• To present more personalized content.
• To improve your online experience.
• To optimize your shopping experience.
• To provide Site and service enhancements.
• To serve customized content and ads (see below for more on interest-based advertising).
• To better understand the interests of customers and visitors.
• To observe your behaviors and browsing activities over time across multiple Sites.
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How We Gather Relevant Information About You for Interest-Based Advertising
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Our ads may be based on information you submit on our Sites or Sites run by third parties. It may also be based on other interactions you have with us or our content. This might include interactions in our branches, or through emails you get from us. It could also be based on other activities and behaviors that you demonstrate online or through interactions with us or third parties.
We work with third parties who help gather this information. These third parties might link personal information such as your name or email address to other information they may have. That might include past purchases made offline or online or it might include other online activities and behaviors.
The information we collect enables us to learn about what purchases you made, what ads or content you see, what ads you click, and other actions you take on our Sites including whether you have downloaded an app. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can try not to show you the same ones repeatedly.
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You Can Opt-Out of Some Interest-Based Advertising
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The Self-Regulatory Program for Online Behavioral Advertising provides consumers with the ability to opt-out of having their online behavior used for interest-based advertising using third party cookies. If you want to opt out of this online behavioral advertising, visit http://www.aboutads.info/choices/. This will opt you out of many –but not all- of the interest-based advertising activities in which we or third parties engage. We also work with third parties who use a different process for serving you interest-based advertising. Some of these third parties have different opt-out mechanisms. For example, one of our partners uses “first party cookies” to help us serve you ads in which you may be interested.
Other third-party Sites provide visitors with the ability to opt-out of receiving interest-based ads that you need to control through your settings on that Site. For example, to opt out of Google’s collection of your online behavior for advertising purposes, visit Google’s Ad Settings page. To opt out of Facebook’s collection of your online behavior for advertising purposes in its mobile app newsfeed, visit the “Ad Settings” tab in your profile.
Choices you make are browser and device specific. If you delete your cookies or use a different browser or a different computer or device, you will need to update your opt-out choices.
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You Can Control Certain Tracking Tools
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Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform. We are not currently set up to respond to those signals.
You have the ability to control some of our use of cookies. How you do so depends on the type of cookie. You can configure certain browsers to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, go to:
http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. Why? Because flash cookies do not reside in your browser, and thus your browser settings will not affect them. Choices you make about cookies are also browser and device specific.
NOTE: If you configure your computer or device to block cookies on your browser, certain features or functionality of our Sites may not work. If you block or delete cookies, not all of the tracking described in this notice will stop.
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