Privacy Policy: Last Updated May 25, 2010

READ THIS PRIVACY POLICY AND THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.

Parents please read the Privacy Policy and review it with your children that use our Website. It contains valuable information that will help keep them safe while using FaceChipz. This Privacy Policy is a legal document that addresses the use and operation of FaceChipz.com.

By using this website ("Website"), you signify your agreement to this Privacy Policy and our Terms of Service. If you do not agree to the Privacy Policy or the Terms of Service, do not use this Website! Chipzco, Inc., d/b/a FaceChipz; ("FaceChipz" or FaceChipz.com;) may revise and update this Privacy Policy at anytime. Your continued usage of the Website will mean you accept those changes.

This Privacy Policy is incorporated into the FaceChipz.com Terms of Service, which together with our Code of Conduct and End User License Agreement ("EULA") constitute our entire Agreement between you (a.k.a. the user) and FaceChipz.com.

Table of Contents

Introduction
  1. Introduction
  2. What is FaceChipz?
  3. FaceChipz is a website for Kids
  4. Information we Collect
  5. Types of Information we Collect
    1. During Registration
    2. From Registered Users
  6. Use and Disclosure of Information we Collect
  7. Passive Collection of Information
    1. Log Files
    2. Tracking Cookies
  8. Data Retention Period
  9. Third Party Companies and Organizations
  10. Accessing Your Personal Information
  11. Contests & Sweepstakes
  12. External Links and URL's
  13. Security Measures
  14. California and Massachusetts Privacy Rights
  15. Changes to this Privacy Policy
  16. Payment Gateway

Introduction

FaceChipz.com is committed to maintaining a website for children that is both secure and fun. Because the visitors to this site are minors, we go to great lengths to ensure that our platforms and content are suitable for kids. We also take special measures to help children protect their privacy while online.

This Privacy Policy and the certification seal shown on this page confirm that our website submits to the terms of CARU'S Privacy Program. CARU's Privacy Program is designed to ensure that a website's information disclosure practices are responsible and appropriate. To protect your privacy, we have voluntarily undertaken this privacy initiative and all of our websites have been reviewed and certified by CARU Privacy Program to meet established online information collection and use practices. As part of this privacy program, we are subject to frequent audits of our websites and other enforcement and accountability mechanisms administered independently by CARU.

The Children's Advertising Review Unit (CARU) was founded in 1974 to promote responsible children's advertising as part of a strategic alliance with the major advertising trade associations through the National Advertising Review Council (comprising the AAAA, the AAF, the ANA and the CBBB). CARU is the children's arm of the advertising industry's self-regulation program and evaluates child-directed advertising and promotional material in all media to advance truthfulness, accuracy and consistency with its Self-Regulatory Guidelines for Children's Advertising and relevant laws.

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What is FaceChipz

FaceChipz.com allows kids (ages 7 to 17) to communicate with their network of friends via messaging and information sharing. The site is designed to allow children to safely communicate ONLY with friends who they have emailed, given a coded invitation to or exchanged a coded friendship token with. Once the online registration process is completed, kids are linked to their personal group of friends and can share photos, post comments, describe their interests and play games.

Users can also become Fans of different celebrities, products, places, sports teams, ect. While the users can write on their fan's wall, and even send them gifts, the Fan Pages are one sided and the celebrity or company behind the page has absolutely no ability to see the users profile or any personal information.

To allow such interaction, FaceChipz.com enables its users to disclose certain personal information to fully utilize its messaging services. Privacy and the sharing of this information are always delicate issues, however FaceChipz.com cares deeply about the privacy of users' information and we make it our highest priority to protect the privacy of our users.

FaceChipz.com will adhere to this policy when dealing with any information collected within the FaceChipz.com website. The information will only be used to provide you with an enriched and finely personalized experience within the site. No personal information collected from our users will ever be sold or leased to any third party without the proper consent.

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Facechipz is a Website for Kids

FaceChipz.com is intended for kids who are between the ages of 7 and 17. Any registration by, use of or access to the website by anyone under the age of 7 or over the age of 17 is strictly prohibited.

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Information we Collect

COPPA requires us to inform parents and legal guardians about how we collect, use, and disclose personal information from children who are under 13 years of age. This policy describes our practices with respect to information we collect from you, as well as from your child.

We do not knowingly collect your personally identifiable information without your consent and we will not condition your participation in activities on FaceChipz on the disclosure of more personal information than is reasonably necessary. Likewise, we will not collect personal information from children under 13 years of age without the consent of their parent or legal guardian, nor will we condition the participation of a child under 13 years of age on the disclosure of more personal information than is reasonably necessary.

However, since FaceChipz is a social networking site, users have the ability to provide as much or as little personal information as they choose. As such, personal information, such as full name, address, phone number, e-mail address, may be read by others if it is posted on message boards or profiles within the site. Users of FaceChipz.com are encouraged to use common sense when posting, uploading, sending or making their content available on FaceChipz. Users must not breach the privacy of others and demonstrate the same degree of caution as when publishing content through other means and media.

Users should know that the content they post, upload, send or make available on FaceChipz will only be shared with other users that they are friends with on the FaceChipz website. Parents should advise their children NOT to upload identifiable details about themselves, because it will be available to others. Even though FaceChipz is a CLOSED network, users should always use good judgment about the sort of information they share (even with the closest of friends).

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Types of Information we Collect

  1. During Registration

    In order to register on FaceChipz, a child must provide a limited amount of personal information, including: creation of a username and password, gender, and date of birth. Parents must provide: e-mail address, parent's user name and password, and credit card information.

  2. From Registered Users

    FaceChipz also collects personal information from registered users. Users may provide us with additional personal details such as their name, hobbies and interests. Users of "About Me" and the customizable personal information categories should be aware that any personally identifiable information they submit can be read, collected, or used by other users they invite to these forums, and could be used to send them unsolicited messages. FaceChipz.com is not responsible for the personally identifiable information users choose to post on their profile.

    Also, from time to time, FaceChipz may collect personally identifiable information from a child under 13 without prior consent of a parent/guardian, but only in these special, limited circumstances:

    We may seek a child's name and contact information to the extent reasonably necessary to protect the security or integrity of our website; to take precautions against liability; to respond to judicial process; or to the extent permitted under other legal provisions, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. Such information will not be used for any other purpose. We may seek a child's name and contact information to the extent reasonably necessary to protect the safety of a child participating on our website. In this situation the information will only be used for the sole purpose of protecting the child's safety and, as above, we will provide the parent/guardian with notice of this use.

    FaceChipz also allows users to provide us with their friends' first names and e-mail addresses to have FaceChipz send an invitation or "electronic postcard" to the friends to link on FaceChipz. FaceChipz does not retain these emails after it has sent out the invitation. No information is kept on the FaceChipz database.

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Use and Disclosure of information we Collect

Information such as date of birth and gender is used for internal research purposes to better the on-site behaviors of the user population so that Facechipz can offer a better user experience to its online community (If you do not enter the requested data, we will not be able to provide you with certain services). We DO NOT rent, sell or disclose our users' private information to any third parties.

FaceChipz charges a $0.01 membership fee (per family) for creation of all accounts. Parents must provide their credit card information in order to process this one time membership fee. Credit cards are processed through Authorize.net and only the last four numbers of the card used are retained by the Facechipz website. The last four numbers of the card are retained in case FaceChipz needs to issue a refund

Facechipz.com submits a credit card transaction to the Authorize.net Payment Gateway on behalf of a Facechipz registrant via a secure Web site connection. Authorize.net receives the secure transaction information and passes it via a secure connection to the Merchant Bank's processor. The Merchant Bank's Processor submits the transaction to the Credit Card Network (a system of financial entities that communicate to manage the processing, clearing, and settlement of credit card transactions). The Credit Card Network routes the transaction to the Customer's Credit Card Issuing Bank. The Customer's Credit Card Issuing Bank approves or declines the transaction based on the customer's available funds and passes the transaction results back to the Credit Card Network. The Credit Card Network relays the transaction results to the Merchant Bank's Processor. The Merchant Bank's Processor relays the transaction results to Authorize.net. Authorize.net stores the transaction results and sends them to Facechipz.com. This step completes the authorization process - all in about three seconds or less! The last four digits of the credit card are stored with a transaction number in the event that Facechipz needs to issue a refund for whatever reason.

Click for more information on Authorize.net's privacy policy

FaceChipz offers users the option to register for a newsletter. This newsletter contains information about new features on the site and upcoming features and will be sent to users from time to time. Parents, if you would like your child to receive the FaceChipz newsletter, you may choose to enter your child's e-mail address at registration. However, children's e-mail addresses are not required to register on the site and will not be used for any purpose other than sending the FaceChipz Newsletter. If you choose to register to receive the newsletter, you may cancel the receipt of any future newsletters at any time.

We use your e-mail address to link you to your child's account and to communicate with you about support, security, privacy, or administrative issues.

We use visitor's personally identifiable information only for our stated purposes, such as setting up an account or enabling users to enter one of our online contests or sweepstakes. We do not reuse any personally identifiable information we obtain through a contest or sweepstakes after the particular event is completed. We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site, to personalize our visitors' experience on FaceChipz.com, and to offer products, programs, and services. We also may use this information in the aggregate to analyze site usage, as well as to offer products, programs, or services.

We will disclose information we maintain when required to do so by law. We will disclose information in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request

We will not use or transfer personally identifiable information in ways that are materially different from the ones described above without also providing parental notification of such practices and obtaining consent for any materially different uses.

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Passive Collection of Information

  1. Log Files

    FaceChipz may also document/record the metrics associated with the frequency of use, duration of online sessions, information read while onsite, web pages visited, communications with other users, content used or created, the Internet protocol (IP) address that serves users to access FaceChipz and users' log-in geographic location. We automatically collect such information through the use of log files and other means. Additional information may be collected when we exchange communications with users, such as a request to customer support. We will use any information that we collect in accordance with this Policy, irrespective of how it is collected.

  2. Tracking Cookies

    Like most web sites, we use cookies to remember who you are if you choose the "remember me" option when you log in. If you choose "remember me", your username will be kept in a cookie on your computer for up to 7 days.

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Data Retention Period

We will only retain personally identifiable information (PII) about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law and/or regulations.

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Third Party Companies and Organizations

FaceChipz.com will not sell, lease or give your personal information to third parties without your explicit consent, unless required by law. When signing up via credit card, your card is charged $0.01 and only the last four digits of the card number are stored. The user's credit card is processed through Authorize.net as stated above in section 6, and only the transaction number and last four digits of the card number are issued back to Facechipz.com in case a refund is required by the user.

We may share your information in the following circumstances:

-If sharing your information is necessary to execute a specific request by you. In these specific cases, third parties will not retain, share or store any personally identifiable information except to provide the specific services requested by you, and are bound by strict confidentiality agreements which limit their use of such information

-If sharing your information is required by law or is necessary to respond to a subpoena, warrant or court order, or to protect the rights of FaceChipz.com or its users. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Website; or

-If you give us explicit permission to share your information for any reason not stated in this privacy policy.

FaceChipz may also utilize anonymous, statistical or aggregated information about users, including any aggregated information related to users' personal accounts, and share, publish, post, disseminate, transmit or otherwise communicate or make available such information (i.e. without revealing a specific users' identity), to suppliers, business partners, sponsors, affiliates and any other third party, at our sole discretion, provided however, that such information will not personally identify users and that we will not knowingly, or intentionally use such information to reveal users' identity without users' or, in the case of users who are children under 13 years of age, their parent's consent, under the terms of this policy.

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Accessing Your Personal Information

FaceChipz registered users may access their personal account and edit or change their personal information at any time. If users find that their personal account information is inaccurate, or incomplete, then they must make all necessary changes to correct and update it. Users should keep in mind that false, incorrect, or out dated information may prevent them from registering or continue using FaceChipz properly, or impair our ability to provide you with the Services and impair our ability to contact them. Parents may add kids and suspend or reactivate kid's accounts from the Parental Controls section

Kids can change any of their personal information stored on the FaceChipz.com site at any time, whether it be the information supplied at registration (with the exception of their username and birth date), for your profile page or anything else. They can change or deactivate information on any of their pages. In addition, parents may deactivate a child's FaceChipz.com account by deactivating it via the Parental Controls Management Page. Once we process your request, we will remove your child's name and other personally identifiable information from our database

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Contests & Sweepstakes

If FaceChipz offers children an opportunity to participate in a sweepstakes or contest, only enough information as is required to enroll will be collected. After the drawing or contest is concluded, we will not retain any additional personally identifiable information collected beyond the information already provided at the time of registration for the FaceChipz Website. If a child wins a sweepstakes or contest, we notify the parent at the parent's e-mail address provided to us during the registration process and request that the parent provide their postal address for purposes of delivering the prize. We may publish a winner's first name, first initial of last name, city, and state of residence on the FaceChipz Website

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External Links & URL’s

All FaceChipz.com pages are served via our domain name www.FaceChipz.com. If you see a page that does not have the "properties" FaceChipz.com it may not be a page served by us. An exception to this is our images that may be served from our distributed caching service, a group of servers managed by a third party. However, no information is disclosed to this third party about you. They do however automatically detect the region from which you are logging in from so as to serve images from the server that is geographically the most efficient. Personal images and information is not usually cached by any third party caching companies we employ, only FaceChipz.com branding, buttons, and images are cached.

If you do click on a link to visit a site operated by a third party, you may be prompted by a message from FaceChipz informing you that you are about to leave the site. Users wishing to access the link may do so by confirming "Yes"; Users not wishing to continue on can click "Cancel" and remain on FaceChipz.com

FaceChipz.com is not responsible for the privacy practices of other sites you may visit through a link you found on FaceChipz.com. If you provide information directly to a party other than FaceChipz.com, different privacy policies may cover those parties' use of your information. Please review any company's privacy policy before disclosing personal information.

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Security Measures

FaceChipz.com deploys robust security measures to protect user information from loss, misuse and alteration. We use industry-standard practices such as encrypted storage, firewalls and password protection systems to safeguard the confidentiality of your personal information. Each of our employees is aware of our security policies, and your information is only available to those particular employees who need it to perform their jobs.

Though we take substantial efforts to reduce the risk of security breaches, we cannot guarantee that the information on FaceChipz is absolutely secure and that our systems are immune to unauthorized access and to other information security risks. In the event of an unavoidable security breach, we strongly suggest that parents make sure that children avoid posting any information on FaceChipz that would potentially place them at risk.

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California and Massachusetts Privacy Rights

California Civil Code Section 1798.83 permits our users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to: privacy@FaceChipz.com. You can also write to us using the following mailing address: FaceChipz, Att: California Privacy Rights Dept, 16055 Ventura Blvd., Suite 535, Encino, California, 91436, United States of America.

In complying with the Massachusetts Data Protection Act, 201 CMR 17, we have created a written security program detailing the measures we take to safeguard the personal information of Massachusetts residents. We also ensure that any third parties working on our behalf are capable of properly storing and safeguarding the personal information of Massachusetts residents and all FaceChipz users.

Changes to this Privacy Policy

FaceChipz.com may from time to time update its privacy policy. The latest version of the privacy policy will always be available at www.FaceChipz.com/privacypolicy. Please check this page occasionally to make sure you are aware of any updates.

If we decide to change our privacy policy, we will post those changes to this privacy statement, the splash page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to our information collection or disclosure practices, we will notify users here, by an email to their parents, or by means of a notice on our homepage.

If you have any questions or suggestions regarding our privacy policy, please contact us at: Website: www.FaceChipz.com E-mail: privacy@FaceChipz.com Mail: FaceChipz Customer Service 16055 Ventura Blvd. Suite 535 Encino, CA 91436 United States of America

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Payment Gateway

Authorize.net Merchant Services

FaceChipz.com has partnered with Authorize.Net, a leading payment gateway since 1996, to offer safe and secure credit card and electronic check transactions for our customers.

The Authorize.Net Payment Gateway manages the routing of sensitive customer information through the credit card and electronic check processing networks: http://www.authorize.net/resources/howitworksdiagram

The company adheres to strict industry standards for payment processing, including:

-128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions;

Industry leading encryption hardware and software methods and security protocols to protect customer information; and

Compliance with the Payment Card Industry (PCI) Data Security Standard

Through a secure web connection, information entered during registration on the Facechipz.com website is sent to authorize.net for processing. Through secure transactions, Authorize.net communicates with the credit card company and the banks involved. Once the payment has been received, a confirmation is sent to authorize.net who in turn sends Facechipz.com a transaction I.D. number as well as the last four digits of the credit card number in case a refund needs to be processed at the users request.

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