LAST UPDATED: March 13, 2013
If you are under 18, you should ask your parents or a guardian before you use our Services. If you are not yet 18, do not use our Services; do not download our products.
Overview of Our Policy
We supply free entertainment software including screensavers, and wallpapers for your Desktop on our Sites. (We refer to our software and Products throughout this agreement as our Services).
We offer our Services to you in exchange for your agreement to receive e-mail, view promotions, advertisements, or participate in other offers. We also offer you the opportunity to download third-party software.
Some Terms We Use in This Policy
Offers include e-mail, promotions, advertisements contests and third-party software presented by our Partners and us.
Personally Identifiable Information (PII) is any information that identifies or could be used to identify, contact or locate you. It also includes your credit card number.
Partner is an advertiser, or other entity with whom we have a business relationship to provide Offers.
Service includes, but is not limited to, our screensaver, wallpaper, game, animated gif, clip art, buddy icon, greeting card, browser skin, font, desktop theme, html editor, sound effect, social networking, storage, and calendar software.
Subsidiary is an entity wholly owned or related to InstallX, LLC.
User means an individual that has accessed the Sites on which we host our Products or Services.
We and Our refer to InstallX, LLC and its subsidiaries.
You and Your refer to each user and his or her agents.
Personal Information We Collect
We may collect personal information at various times when you use our Services. The more information you volunteer (and the more accurate it is), the better we are able to customize your experience. Your participation is voluntary and you have the choice not to disclose any information that we request.
Installation. During installation, we will present you with Offers. You may choose not to accept our Offers. Your participation is voluntary, you are not required to disclose to our Partners any information they request. However, if you provide your Personally Identifiable Information in response to any Offer, we will share it with our Partners so they can provide you with the Offers in which you have expressed interest.
Contacts/IP Information. If you voluntarily submit information or contact us (e.g. password request, technical support), we may keep a record of this communication. We do not merge this information with your Personally Identifiable Information.
Third Party Information. If you use the "E-mail this story" feature to send an article or information to a friend from any of the Sites, the information you provide (Names, and Email) is used to facilitate the communication. We do not otherwise use the information you provide. However, we do store the information you provide in our databases.
Contact Us. We collect your name and email address on the Sites Contact us forms. We use this information for the sole purpose of responding to your inquiry.
Customer Support. If you use the customer support section on the Sites we will collect your email address, topic and any addition information you provide us. We use this information for the sole purpose of responding to your inquiry.
Affiliate Sign Up. If you choose to sign up as an affiliate we will collect your name, company name, URL, mailing address, phone number and email address. Once we receive your application you will receive an email acknowledgement and instructions on how to pay to become an affiliate. We will not use your email address for any other purpose.
Free Games. We offer free games. Some of our games collect your name as a requisite to setting up a profile. We use this information for the sole purpose of setting up your profile.
Aggregate Information We Collect
When you use our Services, we may collect tracking information such as your IP address, browser type, the type of operating system you use, details about your computer hardware, the applications you have installed on your PC, the domain name of your Internet service provider, and pages you visited on our Sites. None of the information identifies you personally and we do not link aggregate information to Personally Identifiable Information.
Cookies. A cookie is a small text file sent to your browser. Cookies are stored on your computer's hard drive for record keeping purposes. We and our Partners use session ID cookies and persistent cookies. For the session ID cookie, once you close your browser, the cookie will terminate. A persistent cookie remains on your hard drive for an extended period. You can remove persistent cookies by following directions provided in your Internet browsers help file.
Some of the Partner Offers on our Services may also use affiliate cookies after you click on their offer in order to track the offer. We have no control over our partners privacy policies. We also have no control over their cookies, the information collected and its use.
Web beacons or Pixels. We and our Partners employ a software technology that helps us better manage content on our site. Web beacons or Pixels are tiny graphics with a unique identifier, similar in function to cookies. They track your online Web movement. We embed Pixels invisibly on Web pages. They are about the size of the period at the end of this sentence. We do not tie the information gathered by Pixels to our customers Personally Identifiable Information.
Some of the Partner Offers may also use Pixels. We have no control over our partners Pixels. We also have no control over how they use information collected.
We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo!, click here.
Global Unique Identifiers. A GUID (global unique identifier) is a randomly generated alphanumeric identifier used to indicate a unique installation of our Products or Services. We may create a GUID when you install our Products or Services. We use GUIDs to track installations and to enable features and functionality for specific customers who subscribe to our Products and Services. We do not tie the information gathered by GUIDs to our customers Personally Identifiable Information.
Software Information. We employ a technology that allows us to determine the operating systems you are using and to view your computers registry. Software installed on your computer has unique registry keys. By viewing your registry, we are able to detect whether you have a compatible operating system, compatible versions of DirectX, and Flash Player installed. We use your registry information to determine whether our software offers are compatible with software already present on your PC. We do not tie registry information gathered to our customers Personally Identifiable Information.
Hardware Information. Your computers operating system also stores hardware information that we examine to determine your computers hardware configuration including the amount of memory and the type of video card your computer has, as well as the speed of your processor. We use the information to determine whether our software offers are compatible with your computer hardware. We do not tie hardware information to our customers Personally Identifiable Information.
MAC Address. Your computer's MAC address is a unique code, an alphanumeric identifier, assigned to your computer. We may collect your computer's MAC address when you install our Products or Services. We use your computer's MAC address to track unique installations of our Products and Services. We do not combine your computer's MAC address with any other information about you.
How We Use Your Information
Our primary goal is to make our Services more useful to you. By knowing about you, we are able to deliver relevant Services and Offers. We maintain a secure database of all Personally Identifiable Information collected on our Sites and Services.
E-mail Offers. By providing your e-mail address, and choosing to receive our Offers, you agree to receive e-mails from us. Should you have any questions or concerns, or if you would like to discontinue receiving Offers, simply email us at [email protected] and ask us to remove you from our lists. You will only receive Offers via e-mail from us and our Partners if you have indicated that you would like to receive them.
Newsletters. If you subscribe to our newsletter, we use your name and email address to send the newsletter to you. If you not longer want to receive our newsletter follow the unsubscribe link located at the bottom of the newsletter or email us at [email protected].
Blogs & Posts. On some of our sites you can sign up to receive notifications when users comment on your post. If you no longer want to receive these types of notifications email us at [email protected]. If you use the blog or comment features on our Sites you should also be aware that any information including Personally Identifiable Information you submit can be read, collected, and used by other users and could be used to send unsolicited messages. We are not responsible for Personally Identifiable Information you choose to submit using Site blog or comment features.
Testimonials. We post testimonials on our Sites. Testimonials may contain Personally Identifiable Information. We will obtain your consent via email prior to posting the testimonial or comment.
Widgets. We use the Share and Enjoy and Add This widgets to enable you to share blog posts from our sites or to post links to our sites on third party sites or within emails. If you choose to send an email, or share a blog post from our Sites, no third party personal information is collected.
When you click on a third party advertisers' link from our Site, you will enter the third party's site. We are not responsible for such third party's sites. You should carefully review the privacy statements of any other site you visit, because those privacy statements will apply to your visit to that site, and may be very different from our policy.
Surveys. From time-to-time we conduct surveys. If you participate we may request certain personally identifiable information from you. Participating in surveys is completely voluntary. We use survey information to improve our Sites. We use any personally identifiable information for the sole purpose of contacting you to follow-up on your survey responses. We will not share the personally identifiable information you provided in a survey with any third-party unless we have your consent. On occasion we may hire a third-party to conduct a survey. If we hire a third-party service provider it will be prohibited from using your personally identifiable information for any purpose not enumerated in this section.
How We Share Your Information.
If you no longer wish to be contacted by our partners you must contact that partner directly to opt-out.
Our Partners change from time to time, and therefore it is not possible to provide an exhaustive list. We strive to select trustworthy Partners who offer high quality products or services of interest to you. If you are unhappy with one of our Partners, tell us by e-mailing us at [email protected], or you can write to Attn: Customer Care, InstallX, LLC, 1900 Medical Arts Ave. S. Ste. 200, Sartell, MN 56377.
We may periodically use third parties to meet your needs. For example we might use a credit card processing company to bill you. If we will use a third-party we will notify you at sign-up. If we hire a third-party service provider, they will be prohibited from using your Personally Identifiable Information for any purpose not enumerated in this section.
The following describes some of the ways that we may disclose your information to our Partners:
Search Partners. We may transmit your search queries (made on the Site or within one of our Software Offers) to search Partners, who use this information to provide us with search results, which we then will display to you.
Our Products. We do not require you to provide Personally Identifiable Information during the installation process. However, when you use these Software Offers to access Download Offers (e.g. screensavers) you may be required to provide Personally Identifiable Information. In addition, we will show you Offers during the installation process.
Other Limited Circumstances. From time to time, we may validate the information in our database by employing a validation service. In those instances, we will disclose your information pursuant to confidentiality agreements. In addition, we disclose aggregated user statistics (for example, 45% of our users are female) when we market to current and prospective Partners and for other lawful purposes.
Legal Disclosure. We may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our policies or may be causing injury to or interference with (either intentionally or unintentionally) our rights, property, users, or anyone else that could be harmed by such activities. We may disclose account information, as required by law, when we believe in good faith that disclosure is necessary to protect our rights or to comply with a judicial procedure served on our sites; or if the law requires it and for administrative and other purposes that we deem necessary to maintain service and improve our Products and Services.
E-Mail Suppression Lists. We may disclose a users e-mail address as part of a suppression file or do-not-e-mail list to its partners and affiliates to make sure that a users unsubscribe requests are forwarded to the appropriate parties to ensure removal of the user from partner and affiliate databases in compliance with law, including without limitation, the Can-Spam Act of 2003.
Sale, Merger or Asset Transfer. We may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that we or all of our assets are acquired, customer information, including any information collected through the Sites or the Services would be one of the transferred assets.
From time to time we use third-parties when providing Services to you. We will only share information with third-parties necessary for them to provide the Services you have requested. Third-parties are prohibited from using your pPersonally Identifiable Information for promotional purposes.
Cookies. By modifying your browser preferences, you can choose to, accept all cookies, to be notified when a cookie is set, or you can reject all cookies. If you choose to reject all cookies, you may be unable to use our Services.
Offers. We may from time to time, send you e-mail regarding third party promotions, as well as other, Products and Services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our Partners, we may occasionally send you e-mail or direct postal mail about other products and services that we feel may be of interest to you. If you do not wish to receive e-mail or postal mail from us, you can tell us by e-mailing us at [email protected]. You can also write to Attn: Customer Care, InstallX, LLC, 1900 Medical Arts Ave. S. Ste. 200, Sartell, MN 56377. Be sure to include your full name and address, along with the information you submitted during your initial registration including postal address and e-mail, and tell us that you no longer wish to receive Offers from us. You also have the option of unsubscribing from e-mail Offers by clicking on the unsubscribe link at the bottom of every e-mail offer from us.
Modifications. For Freeze.com you may edit your account information and user profile by using your username and password.
If your personally identifiable information changes, or if you want your information deleted from our systems you should email our customer support team as [email protected].
Security and Passwords
We cannot and do not ensure or warrant the security of any information collected, transmitted over the Internet, or maintained in your user profile. You agree that any data transmission you make or receive through the Site or the Service is at your own risk.
No method of transmitting or storing electronic data is ever completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy.
We do not knowingly collect information about children under the age of 13. We encourage parents and guardians to be familiar with the web sites that their children visit. The Federal Trade Commission ("FTC") regulates the means by which web site operators collect and use personal information from children under 13, pursuant to the Children's Online Privacy Protection Act of 1998 (the "Act"). For more information about the Act and children's on-line privacy in general, visit the FTC's web site at www.ftc.gov/privacy. For safety tips on privacy visit www.OnGuardOnline.gov.
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.
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.
1900 Medical Arts Ave. S. Ste. 200
Sartell, MN 56377