Plus 3 Network Privacy Policy

Effective date of this version: September 10, 2008.

The Plus 3 Network ("Plus 3") understands that privacy is important. The Plus 3 Network Privacy Policy ("Policy") applies to Plus 3's information handling practices for the Site (defined below). Throughout this Policy, "Plus 3" and "We" refers to The Plus 3 Network, Inc. "You" or "Users" refers to you, our users - everyone who uses, subscribes to, publishes through, joins, or visits the Site. The "Site" refers to the applications, platform, and services operated or produced by Plus 3 offered through the web site at www.Plus3Network.com or any successor site.

By using the Site, you expressly consent to the information handling practices described in this notice. This Privacy Policy is incorporated into and is subject to the Site's Terms of Use. Your use of the Site and any personal information you provide through the Site are subject at all times to this Privacy Policy and the Terms of Use. If you do NOT accept this Privacy Policy, then please discontinue your use of the Site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Privacy Policy at any time without further notice. If we do this, we will indicate at the top of this page the date this Privacy Policy was last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Privacy Policy. If you do not agree to abide by this Privacy Policy or any future Privacy Policy, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to this Privacy Policy and to review such changes.

Table Of Contents

1. The Information Plus 3 Collects
2. The Way Plus 3 Uses Information
3. When The Plus 3 Network Discloses Information
4. Your Choices and Access to your Personal Information
5. Advertisers
6. Our Commitment to Data Security
7. Our Commitment to Children's Privacy
8. International Visitors
9. In the Event of Merger or Sale
10. Disclosure by Users to Third Parties
11. Notification Procedures
12. Plus 3 Contact Information

1. The Information Plus 3 Collects:

• Information You Provide: You may provide to Plus 3 what is generally called "personally identifiable" information (such as your name, email address, credit card number, postal mailing address, and telephone numbers) and other personal information (such as your gender, places you exercise and sports that you play) when you set up your profile or if you upload, purchase, enter contests or challenges, view or download certain content or products from the Site or otherwise use the features and functionality of the Site.
• "Cookies" Information: When you access the Site, we may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer. Plus 3 may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your web browser "Help" file to learn the best way to modify your cookie settings.
• "Automatically Collected" Information: When you access the Site or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, searches that you perform on the Site, the content and pages that you access on the Site, what other users are in your network and groups, and the dates and times that you visit the Site.
• Your Name: Your name is displayed throughout the Site and is therefore available to the public. Other people can see your name when they visit your Profile Page, when you come up in the search results, when you post public content, when you post comments, on another member's site, or provide feedback, etc. Therefore, people will be able to personally identify your activities on the Site.

2. The Way Plus 3 Uses Information:

• Plus 3 uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Site as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws. If you provide email addresses to invite others to the Site and/or to participate in activities, Plus 3 may store and use the email address for the following purposes only: (a) to generate and send email invitations and additional reminder emails; (b) to allow the recipient of the invitation to sign up for an account if he or she so desires and (c) to track the effectiveness of our invitation program.
• Plus 3 will display the information you have provided on your profile on the Site (your "Profile"). You have the ability to make your profile Public or Private. When the option is set to Public, your profile, as noted below, can be seen attached to your activities, in the People section, and in Goals and Results when you've signed up for Challenges and other contests or competitions. When your profile is set to Private, Users cannot see your profile data details. Users can see your name attached to an activity, see your name in the People section, and see your name in the Goals and Rewards sections when you've signed up for Challenges and other contests or competitions.
• Public Setting: The settings are as follows: your first and last name, city state and country, sports, and your Causes(s) and Sponsor(s) (defined below), and any activities you may have added, as well as your photo, are displayed on the Site to people both inside and outside your network of friends. We will use your email address, without further consent, for administrative communications such as notifying you of major Plus 3 Network Site updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content that you have posted to or downloaded from the Site.
• Activity Privacy: You also have the ability to set an Activity to Public or Private. If the Activity is set to Public it can be viewed, with your name attached, by all Users, and depending on your personal Public/Private setting, Users may be able to see your Profile. If an Activity is set to Private, it is not displayed to other Users and only you can see it.
• Activities - Geographic Data: Please be aware that when you post an activity, either one you have uploaded from a data collection device, such as a GPS, or one that you have entered by hand (collectively "Location Data"), Users may see the route you have covered, including your start and end points, which may include your residence or place of work. As a practical thought, consider starting and ending the record of your activities from a "neutral" location. YOU AGREE THAT PLUS 3 DOES NOT BEAR RESPONSIBILITY OF ANY KIND EITHER EXPRESS OR IMPLIED FOR YOUR SAFETY OR FOR THE POTENTIALLY HARMFUL ACTIONS OF OTHERS WHO MAY LEARN OF YOUR ROUTES VIA LOCATION DATA AND THAT PLUS 3 CANNOT CONTROL ACCESS TO PERSONAL INFORMATION THAT YOU HAVE ELECTED TO PUBLISH.
• Activities - Physical Information: when you post an activity that has used a data collection device that includes information such as heart rate, cadence, watts, etc, realize that other people may see this information.
• Plus 3 uses all of the information that we collect to allow you to earn rewards, raise funds for charitable causes, contribute activities to the Plus 3 Community, understand the usage trends and preferences of our Users and improve the way the Site works and looks, and to create new features and functionality.
• Plus 3 may use "Automatically Collected" information and "Cookies" information to: (a) automatically update the Plus 3 application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Site; (c) provide customized third-party advertisements, content and information; (d) monitor the effectiveness of third-party marketing campaigns; (e) monitor aggregate site usage metrics such as total number of visitors and pages accessed; and (d) track your entries, submissions, and status in any promotions or other activities.
• Plus 3 may use the information that you provide to us, as well as information about your visits to the Site, to deliver advertisements or services that Plus 3 or its partners believe to be relevant to you.

3. When Plus 3 Discloses Information:

• Plus 3 does NOT share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information or other information that you voluntarily choose to display on your Profile or any publicly other available portion of the Site becomes publicly available and may be collected and used by others without restriction. Please be aware that no security measures are perfect or impenetrable. Plus 3 cannot control and is not responsible for the actions of other users with whom you may choose to share your information and content or for the circumvention of any privacy settings or security measures contained on the Site.
• Plus 3 may disclose Automatically Collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain programs, content, services, advertisements, promotions, or other functionality of Plus 3.
• We may disclose some limited User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Plus 3 in improving the Site and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.
• Plus 3 may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena or warrant in the manner required by the requesting entity.
• Plus 3 also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Plus 3 from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of Plus 3, our Users or others.

4. Your Choices and Access to your Personal Information:

You may, of course, decline to share your personally-identifiable information (including your name, country, birth date, gender) with Plus 3, in which case Plus 3 will not be able to provide to you with a Profile or other of the features and functionality found on the Site. You may view, update, correct, or delete your user information and preferences in the "Edit Profile" section once you have logged in to your Profile.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

5. Advertisers:

Plus 3 may allow third-party ad servers or ad networks to serve advertisements within the Site. In addition, Plus 3 allows certain selected company's, from which you may choose a sponsor or a cause for the purposes of charitable donations (each hereinafter referred to as a "Sponsor" or "Cause"), to display their logo and provide a link to the web site of such Sponsor or Cause. To allow you to make an informed decision when selecting a Sponsor or Cause, we may permit Sponsors and Causes to communicate in the Site about their products and/or services.

Plus 3 does not provide your personally identifiable information to Sponsors and Causes without your consent. However, please note that if a Sponsor or Cause asks Plus 3 to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the Sponsor or Cause may conclude that you fit the description of the audience that they were trying to reach.

You should consult the respective privacy policies of these Sponsors and Causes. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Plus 3 reserves the right the add or remove Sponsors and Causes in its discretion and Plus 3 may not at all times list such updated partners in this Privacy Policy.

6. Our Commitment to Data Security:

Plus 3 uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Plus 3, and you do so at your own risk. Once we receive your transmission of information, Plus 3 makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Plus 3 learns of a security systems breach, then we may attempt to notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

7. Our Commitment to Children's Privacy:

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, Plus 3 does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Plus 3 learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Site, then Plus 3 will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become Plus 3 Network Site member, then please contact Plus 3 at privacy@Plus3Network.com to have that child's account terminated and information deleted.

We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

8. International Visitors:

For Users visiting the Site from the European Union or other non-U.S. territories, please note that any data you enter into the Site will be transferred outside the European Union or such other non-U.S. territory for use by Plus 3 and its affiliates for any of the purposes described herein. In addition, because Plus 3 is available globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the Site, you hereby expressly consent to such transfers of your data to the United States or other countries.

9. In the Event of Merger or Sale:

In the event that Plus 3 is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

10. Disclosure by Users to Third Parties:

Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides Plus 3, whether they are users of the Site or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that Users visit third-party web sites, Users should be aware that the Privacy Policy does not govern the use of such Users' personal information and you are subject to the privacy policies of those third parties where applicable. Please be vigilant in reviewing the third party ad servers' privacy policies.

11. Notification Procedures:

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described below.

By providing us your email address you consent to our using the email address to send you service-related notices, including among other things notices required by law, in lieu of postal mail. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@Plus3Network.com. You may not opt out of service-related emails.

We may also use your email address to send you other messages, including changes to the Site's features and special offers. If you do not want to receive such email messages, you may opt out by emailing us at privacy@Plus3Network.com.

12. Plus 3 Contact Information:

Please contact Plus 3 with any questions or comments about this Privacy Policy, to obtain access to your personal information, and our third-party disclosure practices or your consent choices at:

Plus 3 Network, Inc.
50 Woodside Plaza #544
Redwood City. CA 94061
or by email: privacy@Plus3Network.com.

We will respond to your inquiry within 30 days of its receipt.