Terms of Service
Last updated February 28, 2011
Controllers of Personal Information
Any personal information provided to or to be gathered by Spoon is controlled primarily by Spoon, Inc., 1000 Dexter Avenue, 5th Floor, Seattle, WA 98109.
What information about me is collected and stored?
Spoon collects and processes information about you in order to:
Identify you each time you visit a Web Site or wish to have a Service provided;
Handle orders, deliver products and services, process payments, communicate with you about orders, products, services, promotional offers, update our records and generally maintain your accounts with us;
Process and communicate with you about content you may submit to the Web Site, such as articles, product reviews, comments, photos, images, applications, virtual machine data and templates, and other content you may submit;
Improve our Services and Web Site;
Prevent fraud or detect abuse of our Web Site;
Customize your experience, for example, by providing advertisements that we think are relevant to you and which support any specific requests for information you may make through keyword searches;
Carry out research on the demographics, interests and behaviour of all of our customers;
Provide registration, usage, and analytical data to publishers of content on our Web Site and Services;
Send you information we think you may find useful, including information about new products and services.
You may be asked, either when you register with us, or at other times, for information about yourself, such as your name, email address, postal address, and telephone number, and demographic information such as your age, gender, and postal code. You may also be asked to share with us your interests, hobbies and preferences. In addition, when you order certain goods or services from our Web Sites, we will need to know your credit/payment card number and expiration date or other information required to process payments.
We also collect and store information that you enter into this Web Site, through registration of a Spoon product or service, or that you provide through our help desk, customer service representatives, or requests for more information. Registration may also be required and Personal Information may also be collected in certain portions of the Web Site in which you specifically and knowingly provide such information, e.g. community postings (i.e., chat or bulletin boards, blog comments, discussion posts, and public reviews, if any). We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database.
You are under no obligation to provide this information, but if you don't then we may not be able to provide you with certain services or personalize your experience and tailor our Services for you.
When you visit our Web Sites, we automatically log your IP address (the unique address which identifies your computer on the internet) which is automatically recognized by our web servers, time and date of access, web page(s), software crash reports, type of browser and operating system used, session identification numbers, and referring web sites. We use this information to help us administer our Web Sites and to collect broad demographic information for aggregate use. We also log information related to specific actions you take on our Web Sites or Services, including search queries, application launches and shutdowns, changes to personal settings, and similar information.
We may automatically collect non-personal information about you such as the type of browser you use or the site from which you linked to our Web Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Web Sites. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Web Sites with information relating to the number of users linking to our Web Sites from their sites. You cannot be identified from this information.
We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer.
Like many Web Sites, we use "cookies", which are small pieces of information that a Web Site transfers to your hard drive to store and sometimes track information about you. Most web browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that. However, you may not be able to take full advantage of our Web Sites if you do so. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the web. Credit card information is not stored in cookies.
To identify who you are and to access your account information;
To estimate our audience size and patterns;
To control how often visitors see similar ads;
To track preferences and to improve and update our Web Site; and
To track the progress and number of entries in some of our promotions and contests.
For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
With whom is the information shared?
Spoon will not share, sell or rent your personal information to third parties. However, we may disclose your personal information to third party suppliers who provide services on our behalf. We may also disclose your personal information and activity log data related to usage of a specific application hosted on our Web Site or Service to the developer or publisher of that application.
Spoon may disclose aggregate statistics about our sales, our Web Site visitors and customers of our telephone services in order to describe our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will not include personally identifying information.
Is information collected from children?
This is not a Web Site directed to children under the age of 13, and Spoon does not knowingly collect personal identifiable information from children under 13 years of age. If you are under 13 years of age you should not use this Web Site, and under no circumstance should you send information about yourself to Spoon. If Spoon discovers that a child under the age of 13 has provided Spoon with personally identifiable information, Spoon will immediately delete that child's information from the Web Site.
We use third-party advertising companies to serve ads when you visit our Web Site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other web sites in order to 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 these companies, click here.
We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Web Site; (b) protect and defend the our rights or property, the Web Site or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Web Site or the public.
Information about products and services
It is very important to us that we provide you with the highest level of service. In order to help us do this, from time to time Spoon or its Affiliates companies may send you details of our products and services which we think may be of interest to you. If at any time you do not wish to receive these details, please contact us and request that you be unsubscribed from our mailing list.
Spoon places a great importance on the security of all information associated with our customers. We have security measures in place to attempt to protect against the loss, misuse and alteration of customer data under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to user information. With regard to our Web Sites, we use secure server software (SSL, RSA, and/or AES-256 encryption) to encrypt financial information you input before it is sent to us. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur, we use commercially reasonable efforts to prevent this.
While we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Your Obligations to Keep Your Access Rights Secure
You promise to: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spoon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spoon has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password, account, and client computer hardware and software operating environment. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
What About Contests and Sweepstakes?
Public Areas, Chat Rooms and Newsgroups
Governing Law / Assignment
Notice to European Users
Changes to This Policy
How do I opt-out or correct information about me?
You may always opt-out of receiving future email messages and newsletters from Spoon. We provide you with the opportunity to opt-out of receiving communications from us at the point where we request information about you. We also give you access to a broad range of information about your account to permit you to correct or update Personal Information that you have previously provided to us. To do so, you can send us a message at email@example.com.
Your California Privacy Rights
California Civil Code Section 1798.83 permits customers of Spoon who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.