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Privacy Policy

Effective: March 5, 2010

OurHistree Inc. (“OurHistree,” “we” or “us”) operates OurHistree.com (the “OurHistree Site”), our proprietary platform that allows our members to create Histrees and Communitrees of shared experiences and interests and through which we offer users a variety of features (for example, music and video embedded players), content and applications from time to time in connection with our business (such features, together with any other features, content, or applications offered from time to time by OurHistree in connection with the OurHistree Site being collectively referred to herein as the “OurHistree Services”).

At OurHistree, we value your privacy, and want to help make your experience with the OurHistree Site and Services as satisfying and safe as possible. We have established this Privacy Policy to explain how we collect Personal Information (as defined below) on the OurHistree Site and how we use and disclose that Personal Information. For purposes of this Privacy Policy, the term “Personal Information” means information that allows someone to directly identify an individual, such as a name, email address, mailing address or telephone number, and information that we combine directly with such identifying information. This Privacy Policy is incorporated into and is subject to the OurHistree Terms of Use. By using the OurHistree Site and Services, you expressly consent to the information handling practices described in this Privacy Policy. This Privacy Policy applies to your use of the OurHistree Site and the OurHistree Services. The OurHistree Services are hosted in the United States.

The OurHistree Site is a general audience site and does not knowingly collect Personal Information from children under 13 years of age.

From time to time, we may modify this Privacy Policy to reflect such things as industry initiatives or changes in the law, our Personal Information collection and use practices, the features we offer as part of the OurHistree Services or changes in technology. All such modifications shall be effective when we them to the OurHistree Site. Your continued accessing of the OurHistree Site and use of the OurHistree Services after we post any modification to this Privacy Policy constitutes your acceptance of this Privacy Policy as so modified. It is therefore important that you review this Privacy Policy regularly to ensure you are as up to date as possible with respect to any such modifications. If we materially change our practices regarding collection or use or disclosure of your Personal Information, your Personal Information will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

Capitalized terms used in this Privacy Policy that are not defined herein have the meanings given to such terms in the OurHistree Terms of Use.

COLLECTING INFORMATION

1. General. When we collect Personal Information from you it is because you are voluntarily submitting Personal Information to us in order to register as a Member of OurHistree. OurHistree may also collect Personal Information from you if you choose to participate in certain OurHistree Services; because you want us to furnish you with products, services, newsletters or information; or in connection with content or suggestions you submit to us for review.

In addition, we collect other non-Personal Information including IP addresses, aggregate user data and browser type. This data is used to manage and improve the OurHistree Services, track usage and for security purposes.

2. Privacy Settings for User Content. You may Post User Content on the OurHistree site. We allow you to set privacy options that limit access to your pages. When you Post User Content, you do so either to: (1) your Content Bin on the OurHistree Site; or (2) a Histree’s Content Bin. The User Content that you Post to your Content Bin remains private and is accessible by no one else. A Histree has four different levels of privacy that you can control with the appropriate setting:

(a) Private: Only the members of that Histree can see User Content; however, any administrator of the Histree can change this setting to a lesser privacy setting. Not all members of a Histree are administrator. Therefore, if you are not an administrator and you Post User Content to that Histree, another person who is an administrator could change this setting to a lesser privacy setting.

(b) Visible: Only members of that Histree can Post User Content, but any user accessing the OurHistree Site can see the User Content Posted to that Histree. In addition, any administrator of the Histree can change this setting to a lesser privacy setting.

(c) Public: Any Member can Post User Content, and any user accessing the OurHistree Site can see the User Content Posted to that Histree.

The same User Content can be Posted in more than one Histree, so it is possible that this User Content could be in both a “Private” and an “Open” Histree at the same time. In this case, the lesser privacy setting (i.e. “Open”) would take precedence. In addition, if one Member gives a piece of Content to another Member, we consider that piece of Content to be another distinct piece of Content. So, for example, if you give a photo to another Member and that member Posts that photo, OurHistree considers it a different photo for all purposes, including privacy settings.

You Post User Content on the OurHistree Site at your own risk. In spite of privacy options that limit access to your information, no security measures are perfect or impenetrable. We cannot control the actions of others with whom you may choose to share your information. Therefore, we cannot and do not guarantee that User Content you Post will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the OurHistreeSite. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other persons have copied or stored your User Content.

You can change your registration Personal Information and Posted User Content at any time and can control how other Members and visitors communicate with you by controlling your account settings, available within the “Edit Profile” portions of their OurHistree profile.

3. Cookies. Cookies are small bits of information that OurHistree places on your computer. OurHistree uses cookies to identify your Internet browser and store preferences. Data in cookies may be read to authenticate user sessions or provide services.

Third party advertisements displayed on OurHistree Services may also contain cookies set by Internet advertising companies or advertisers (known as “third party cookies”). OurHistree does not control these third party cookies and users of the OurHistree Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the “Notice About Our Personal Information Collection Practices” section below for more information on customized advertising on OurHistree. A pixel tag is a tiny image inserted in a Web page and used to record the number and types of views for that page. We may allow third party pixel tags to be present on the OurHistree Site for purposes of advertising, providing services or data and statistics collection.

You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. By blocking all cookies, however, you may not have access to certain features on the OurHistree Services.

NOTICE ABOUT OUR PERSONAL INFORMATION COLLECTION PRACTICES

When you voluntarily provide Personal Information to OurHistree, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses we will make of the information to the extent it is being used in a manner that differs from what is allowed by this Privacy Policy.

At the time you provide your Personal Information, we will notify you of your options regarding our use of your Personal Information (See “You Have Choices About the Use of Your Personal Information” below). Except as described in this Privacy Policy, OurHistree will not share your Personal Information with third parties unless you have given OurHistree permission to do so (See “How We Use Personal Information” below).

There may be links on the OurHistree Site to Internet sites operated by other companies. The OurHistree Site may also carry advertisements from other companies. We are not responsible for the privacy practices of Web sites or other services operated by third parties that are linked to or integrated with the OurHistree Services or for the privacy practices of third party Internet advertising companies. If you leave the OurHistree Site by clicking on such a link, or if you access a third party application (such as a widget), or if you click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any Personal Information they collect from you.

OurHistree may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. We may also use Profile Information you provide and non-Personal Information about you to customize the online ads you encounter to those we believe are aligned with your interests. The information used for this feature does not provide your Personal Information or identify you as an individual to third parties.

Some of the advertisements that appear on OurHistree Services may also be delivered to you by third party Internet advertising companies. These companies employ certain technologies to deliver advertisements and marketing messages and to collect non-Personal Information about your visit to the OurHistree Site and use of the OurHistree Services, including information about the ads they display, using a cookie placed on your computer that reads your IP address.

Third party applications (such as widgets) created by third party developers may also be available on the OurHistree Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. We do not control these third party developers, and cannot dictate their actions. When you engage with a third party application, you are interacting with the third party developer, not with OurHistree. We discourage you from providing Personal Information to any third party’s application unless you know the party with whom you are interacting.

YOU HAVE CHOICES ABOUT THE USE OF YOUR PERSONAL INFORMATION

Except as described in this Privacy Policy, we will get your permission before we use the Personal Information you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your Personal Information with third parties that are not affiliated with OurHistree.

HOW WE USE PERSONAL INFORMATION

We will only use the Personal Information you provide to us under this Privacy Policy in a manner that is consistent with this Privacy Policy. If we obtain Personal Information from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.

In order to locate other OurHistree Members that you may already know in the physical world, OurHistree allows users to search for Members using registration Personal Information (i.e., full name or email address). OurHistree also allows users to browse for certain Profile Information in order to help connect with Members. OurHistree may also enable Members to publicly display some registration Personal Information as an element of their Profile Information if they choose to do so through a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.

If you have consented to receive promotional materials (e.g., newsletters) or notifications from OurHistree, OurHistree may periodically use your email address to send you such materials related to the OurHistree Services, as applicable. If you want to stop receiving such materials from OurHistree, you can change your profile settings under “My Account,” or follow the unsubscribe instructions at the bottom of each email.

OurHistree employees, agents and contractors must have a business reason to obtain access to your Personal Information. OurHistree may share your Personal Information with those who help us manage or provide information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.

These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your Personal Information to provide OurHistree with a specific service and not for any other purpose. OurHistree may also provide your Personal Information to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your Personal Information.

As described in “Notice About Our Personal Information Collection Practices” above, OurHistree may customize the advertising and marketing messages you receive on the OurHistree Site, or may work with outside companies to do so. Your non-Personal Information and/or Profile Information may be shared with these companies so this customization can be accomplished. OurHistree prohibits these companies from sharing your non-Personal Information and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with OurHistree’s advertisers and business partners.

There may be instances when OurHistree may access or disclose Personal Information, Profile Information or non-Personal Information without providing you a choice in order to: (i) protect or defend our legal rights or property or that of our employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the OurHistree Services or members of the public, including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if OurHistree sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, OurHistree may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.

When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. OurHistree is not responsible under the EU local data protection laws for Member-posted information.

SECURITY OF PERSONAL INFORMATION

OurHistree uses commercially reasonable administrative, technical, personnel and physical measures to safeguard Personal Information and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, OurHistree uses reasonable methods to make sure that Personal Information is accurate, up-to-date and appropriately complete.

ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PERSONAL INFORMATION AND HOW TO CONTACT OURHISTREE ABOUT PRIVACY CONCERNS

Whenever possible, OurHistree Members may review the registration Personal Information we maintain about them in our records. We will take reasonable steps to correct any Personal Information a Member informs us is incorrect. If you are a Member, you can view and change your registration Personal Information, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “My Account.”

If you ask OurHistree to stop using your Personal Information, OurHistree will honor that request while retaining any record of your Personal Information that is necessary to comply with applicable federal, state or local law.

If you would like to communicate with us about this Privacy Policy or OurHistree’s collection and use of your Personal Information please contact OurHistree at: privacy@OurHistree.com.