Focalex: Privacy

Focalex's General Privacy Statement.

Last Updated on 05/09/2008

The following policy was created to provide you with a solid understanding of the information we collect, why we collect it, and what options you have in sharing your information. We may ammend this policy from time to time.

If you have any questions about this privacy statement, or want further elaboration on the topics covered in the following Privacy Policy, write to us at:

Focalex, Inc., Privacy Group
450 Sansome Street, Suite 200
San Francisco, CA, 94111.

This Privacy Policy applies to consumers that have signed up via Focalex.com. Focalex may edit this privacy policy from time to time. When we make any substantial changes of users' Personally Identifiable Information, we will notify you by posting a prominent notice on our privacy policy and our home page, www.focalex.com and we will provide an opportunity for you to opt-out of any further use of your Personally Identifiable Information.

1. What information does Focalex collect? How is it used?

When you visit a Focalex sponsored page for the first time, our servers will attempt to put a cookie on your hard drive. Depending on your browser's security settings, you may not be informed of this. Our cookies remember your order information, and enable us to automatically fill in certain order fields. However, cookies are not required or critical to your experience and you may decide to refuse it. But doing so will make your experience less convenient.

Our web servers do not automatically recognize the domain or e-mail address of each visitor. We use your IP (Internet protocol) address to understand general information on site traffic trends (e.g. average number and length of page views, number of single page views, etc.) from standard server logs. This information is collected and reported in aggregate and is not specific to individual users.

When you order a promotional offer through us, we will likely ask for your first and last name, e-mail address, and postal address. We use this information to keep a record of your order, confirm your order as necessary, and contact you in case we experience a problem in processing your order.

In some cases, offers will require more than this basic information. For example, they may require your phone number, gender, date of birth and/or answers to more detailed questions that are specifically geared to obtain the information necessary for the sponsoring advertiser to better serve your needs. Unless otherwise specified on the order page, all of the requested information is required to process an order. Note that it is very important for you to provide only accurate information as any false or invalid information may adversely affect our ability to complete and submit your order to the advertiser and/or the advertiser's ability to fulfill it.

For your security, we do not store your credit card information nor do we place it on your cookie. You will thus be asked to re-enter payment information every time you order an offer that requires such information.

We use non-personally identifiable information we collect for general marketing and sales purposes, to target advertising and to improve user experience on our pages in general. By submitting your personally identifiable information to us, you affirmatively agree that we may use that information for any lawful purpose whatsoever, which may include follow-up solicitations from us and/or our others with whom we do business. In addition, you agree that submitting an order through us constitutes a purchase, inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 CFR 310, et seq. ("ATSR"), as such rule may be amended from time to time. Accordingly and notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call registry, both Focalex and the advertiser sponsoring the offer submitted by you shall have the right to contact you via telemarketing in accordance with the provisions of ATSR. If you wish to have your personally identifiable information removed from our database, you may opt-out by sending an email to remove@focalex.com.

2. How do the companies that advertise with Focalex use order information?

Generally, the advertisers use the information you submit to fulfill the order you have placed and follow up with you as needed. They may also use the information for other purposes consistent with the advertisers' individual privacy policies. For example, an advertiser may augment the information you submit with data gathered from online and offline sources and tailor any future marketing messages it may send you in a manner consistent with your augmented data file. For a further discussion of how specific advertisers may use your data, you will need to refer to the individual advertiser's privacy policy.

If you have reason to believe that this policy was compromised, please contact us at .

3. What are "link-out" offers?

Some offers may require you to leave a Focalex hosted page to place an order. These are called "link-out" offers because when you click on them, you are taken to another company's website - usually a website hosted by the offer's sponsoring advertiser or that advertiser's service provider. Please be aware that you will be subject to the policies of the company that maintains that site as soon as you enter it.

4. What security measures does Focalex have in place to protect personal information?

All of the pages on the Focalex Network have security measures to protect the loss, misuse, and alteration of the information under our control. Secure Socket Layer (SSL) encryption is used on all pages that require the collection of information that must be secured and encrypted.

All credit card data is immediately deleted from live data tables, and is not maintained in any form of shopping cart or basket. Internally, this data is protected and is accessible only by passwords and secure databases. Web security is monitored on a constant basis, and is consistent with industry best practices. However, due to the nature of the Internet, computer networks, systems and other factors, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.

5. What is the Focalex policy on email marketing and list rental?

The data you enter on an offer order form that you complete and submit to Focalex becomes the property of Focalex, the offer's sponsoring advertiser and, in some cases where Focalex sources the offer through an advertiser's agent, that particular agent. As such, use by the offer's sponsoring advertiser and/or its agent of any data that you enter, including without limitation, your e-mail address, postal address, demographic information and answers to any additional questions included on the order entry form, shall be subject to that advertiser's and/or agent's own internal privacy policies. In addition, Focalex may use the data submitted by users for purposes of remarketing to certain of its users by email from time to time, and may also rent or license such data to third parties for remarketing purposes. Further, Focalex as well as our sponsoring advertisers and their agents each reserve the right to augment the data you submit with data gathered from online or offline sources. If you do not wish to be included and participate in this program, you may opt out by sending an email to remove@focalex.com. Please note that your act of ordering an offer through the Focalex Network is your affirmation and agreement to the provisions of this privacy policy and our Terms of Service.

6. What is Focalex's Data Retention Policy?

Focalex collects and stores the information users disclose on the offer forms they complete and submit for our own internal statistical, design and operational purposes, such as to verify the accuracy of the data, to insure duplicate information is not being collected and stored, to estimate our audience size, to measure aggregate traffic patterns, and to understand our user demographics, interests, purchasing and other trends. Focalex stores this information indefinitely on secure servers and back-up media. Long-term storage of information is for purposes of historical reference and audit as well as to meet any legal or contractual obligations owing to any third-parties, agencies or governmental authorities.

7. Consent to Receive Privacy Notice and Opt Out Notice Via this Website

We reserve the right to change this Privacy Policy at any time at our sole and absolute discretion. By placing an order through the Focalex Network, you acknowledge receipt of this privacy notice. As such, you also consent to receive your annual notice of Focalex' privacy policy, as required by FTC regulation, via this Website. By acknowledging receipt of this privacy notice, you also consent to receive any future opt out notice and opportunity to opt out, if required, via this Website.

8. Where else can I go to learn about my rights as a consumer?

Focalex recommends you visit the following sites to learn more about consumer rights and responsibilities on the Internet:

Focalex is committed to ethical business practices, and is in full compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN SPAM Act"). A copy of the act may be found here:

CAN SPAM Act (PDF)

Updated: May 2008