Welcome to the PopularDownloads.com website. PopularDownloads.com is committed to safeguarding your privacy online. This Privacy Policy discloses how we collect and use information, and the choices that you can make about the way we collect and use your information. We understand that your trust depends on how we respect your privacy and how we safeguard information you provide us. We want you to feel comfortable using our website, products, and services and encourage you to read this Privacy Policy, detailing the online practices for PopularDownloads.com ("PopularDownloads").
Products Covered by This Policy: screensavers, wallpapers, digital artwork, electronic greeting cards, games, themes, clipart, cursors, icons, audio & video software, widgets, music, and various utility programs that are promoted through PopularDownlaods.com (collectively "Products"). This Privacy Policy may also apply to new Products we develop.
Sites Covered by This Policy: www.populardownloads.com and other sites we own that post a link to this Privacy Policy (collectively "Sites"). This Privacy Policy may also apply to new Sites we develop.
OVERVIEW OF OUR PRIVACY POLICY
We supply Products for your Desktop Computer on our Sites. We offer these Products to you in exchange for your agreement to view promotions, advertisements, receive e-mail, or participate in other offers. We also offer you the opportunity to participate in contests and to download third-party software. Please read this Privacy Policy carefully so that you understand our online privacy practices regarding:
Information We Collect
How We Use Your Information
How We Use and Share Your Information
Your Choices
The Children's Online Privacy Protection Act
By accessing and using our Sites or providing any information requested, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Sites.
POPULARDOWNLOADS' OFFERS
On PopularDownloads.com, you can download software and content, order products, enter contests, vote in polls, or otherwise express an opinion such as by commenting on or reviewing a screensaver, wallpaper, game, or other software application. In exchange for PopularDownloads’ content or services, the user may decide to pay a fee, download software, share personal information, or view upfront advertising; it's up to the user. A variety of products and services are available at PopularDownloads, and PopularDownloads or any third party service provider used by PopularDownloads to provide such products and services may collect different types and levels of personal information for each model, product, or service.
THE INFORMATION WE COLLECT
The types of personally identifiable information that may be collected include: name, address, e-mail address, telephone number, and information about your interests in and use of various products, programs, and services.
There are also times when you can submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card, or to refer them to our Sites or content (e.g., Tell-A-Friend). The types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.
We also may collect certain non-personally identifiable information when you visit many of our web pages, such as the type of browser you are using (e.g., Mozilla Firefox, Internet Explorer), the type of operating system you are using, (e.g., Windows Vista or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
HOW WE USE THE INFORMATION
We, or a third party service provider used by PopularDownloads, may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about offerings, and to offer you other products, programs or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to subscriber agreements or to contact you about your account with us. If you no longer wish to receive promotional communications, you may opt-out of receiving them by following the instructions included in the communication or by emailing us at privacy [at] populardownloads dotcom.
We use the information that you provide about others to enable us to send them your electronic greeting cards or referrals. From time to time, we also may use this information to offer our products, programs, or services to them.
If you choose to submit content for publication (e.g., a review of a Product) we may publish your name and other information you have provided to us.
We also use one or more third parties to facilitate and optimize the services provided on PopularDownloads.com, and we may share personally identifiable information as necessary for such purposes.
We sometimes use non-personally identifiable information to improve the design and content of our site and to enable us to personalize your internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
INFORMED CONSENT
Except as set forth in this Privacy Policy, PopularDownloads.com will not disclose personally identifiable information to companies not owned by us who want to market products or services to you without your prior informed consent.
COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND SPONSORS
PopularDownloads contains links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy policies, as we have no control over information that is submitted to or collected by websites that are not our own.
From time to time PopularDownloads may offer contests, sweepstakes, promotions, or deals that are sponsored by or co-sponsored with identified third parties. By virtue of their sponsorship, these third parties may obtain personally identifiable information that visitors voluntarily submit. After such submissions, PopularDownloads.com has no control over third-party sponsors' use of this information.
PopularDownloads will provide notice if third-party sponsors will so obtain such information. PopularDownloads.com may use reputable third parties to present or serve the advertisements that you may see at our web pages and to conduct research about the advertisements. Our Privacy Policy does not cover any use of information by such third parties or the methods by which third-parties collect that information (e.g., cookies, web beacons and clear gifs).
THIRD-PARTY AD SERVING
We may use third-party advertising companies to serve ads when you visit our site. These companies may use information (not including your name, address, e-mail address or telephone number) about your visit to PopularDownloads.com in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the PopularDownloads.com website, our third-party advertising companies may place or recognize a unique "cookie" on your browser.
COOKIES
To enhance your experience with our website, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our website. However, once you choose to furnish PopularDownloads with personally identifiable information, this information may be linked to the data stored in the cookie. We use cookies to understand site usage and to improve the content and offerings at PopularDownloads. For example, cookies may be used to personalize your experience at our web pages (e.g. to recognize you by name when you return to our site), and save your password in password-protected areas. We also may use cookies to offer you products, programs, or services. Small pieces of code called "web beacons" or "clear gifs" may be used to collect anonymous and aggregate advertising metrics, such as counting page views, promotion views, or advertising responses. These "web beacons" may be used to deliver cookies that conform to our cookie policy. Third parties (e.g., service providers) may also use cookies and web beacons on our website in connection with our website, products, and services.
OUR COMMITMENT TO SECURITY
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and prevent unauthorized access, to maintain data security, and correctly use the information we collect online.
SPECIAL NOTE FOR PARENTS
In an effort to be compliant with the Children's Online Protection Privacy Act (COPPA) it is our policy to collect no personally identifiable information from children. Therefore, all individuals are required to be 14 years and older to submit any personal information.
MISCELLANEOUS PROVISIONS
Disclaimer of Liability. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES) IS PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (1) THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (2) THE SERVER THAT MAKES THE SERVICES AVAILABLE, INCLUDING THAT IT IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF OUR SITES AND SERVICES, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $10.00.
Indemnification. You agree to indemnify, defend, and hold us and all of our agents, directors, employees, information providers, licensors and licensees, officers, and subsidiaries (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs) incurred by you in connection with any claim arising out of any breach by you of this Privacy Policy. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent. International Policy. Our Services are hosted by servers in the United States. Accordingly, if you are located outside of the United States, we will transfer the personal information you provide to us to the United States. By submitting your personal information, you fully understand and consent, to its transfer, storage and processing in the United States.
HOW TO CONTACT US
If you have any questions or concerns about this PopularDownloads.com Privacy Policy or its implementation please contact us via email at the following address: privacy [at] populardownloads dotcom
