NOTICE: PRIVACY POLICY UPDATED, EFFECTIVE JANUARY 1, 2006.

Location3 Media, Inc. Privacy Policy

Location3 Media, Inc., a Delaware corporation, and its affiliated companies (“we” or “us”) operate a series of websites offering a variety of products and services (a “Site” or the "Sites"). This notice outlines the privacy policies of the Sites. By visiting this website, you are accepting the practices described in this privacy policy (“Privacy Policy”). This Privacy Policy covers our treatment of Personal Information (defined below) that we collect when you agree to receive e-mail marketing from us or one of our partner Sites. It is important that visitors are fully informed about the use of their Personal Information. We believe in 100% permission-based marketing. If you would like to opt-out from the disclosure of your Personal Information to any third party for direct marketing purposes, please email us at: [email protected]

When you register on our Site and/or any of our affiliates Sites, you hereby agree and acknowledge that your Personal Information will be placed our databases and that such Personal Information shall be shared with third parties for marketing purposes.

Your IP Address

Each time you visit the Sites, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Sites, and to better serve you in using the services and features of the Sites.

Cookies and Action Tags

The first time a user provides an e-mail address in connection with their activities at a Site, we assign an identification number to that e-mail address and deploy a cookie to the user's PC. Whenever that user comes back to a Site using the same PC, the cookie allows the Site to identify the user and to recall the user's e-mail address. If, at any time, a user provides other information in connection with their activities on a Site (such as name, address, birth date, gender, etc.), we may store that information, along with the user's e-mail address, in our user database. We may use the information stored in our database: (i) for the purpose for which the information was originally provided by a user; (ii) to pre-populate information fields in the event a user wishes to sign up for and/or subscribe to services, promotions or offers in the future; (iii) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or promotions while visiting the Sites; and/or (iv) to, in connection with regular communication with a user, include offers, promotions or advertisements historically, or likely to be, of interest to that user. We also use cookies to anonymously track and target the interests of our users to further enhance the experience on the Sites.

Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on a Site. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of our Sites and to provide information about what products are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely. At no time will we share cookie-related, action-tag-related and/or generated information and/or data with third parties.

Personal Information We Collect From You

By registering with, or providing personal information to a Site, as well as providing permission to receive marketing offers, users allow us and our affiliates to make their personally identifiable information available to third parties in accordance with the terms of this Privacy Policy and the privacy policies of the respective affiliated Sites. While on a Site, we may collect “Personal Information” from you. For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual including, but not limited to: (a) a first and last name; (b) a home or other physical address, including street name and name of city or town; (c) an e-mail address or other online contact information, such as an instant messaging user identifier or a screen name that reveals and individual’s e-mail address; (d) a telephone number; (e) a Social Security number; (f) a persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual; (g) age; (h) income level; (i) hobbies, buying patterns or preferences; or (j) any other information from or about an individual that is combined with any of (a) through (i) above.

To the extent that user credit card-specific information is collected by us, any of our affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies) without the user's prior informed consent. Notwithstanding the foregoing, we, our affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific users but they will not share the specific credit card information with third parties without the user's prior informed consent.

How We Use Personal Information

This Privacy Policy applies to consumers that have agreed to receive e-mail marketing from us, or any of our partner Sites, via e-mail, via third party partner Sites, or otherwise. We may sell the Personal Information that you supply to us and we may work with other businesses to bring selected retail opportunities to our users. These businesses may include, but are not limited to: a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; and (c) telemarketers.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data, and providing marketing analysis. These agents have access to our users’ Personal Information as needed to perform their functions for us but we do not permit them to use your Personal Information for other purposes.

We will also use your Personal Information for customer service, to provide you with information that you may request, to customize your experience on a Site, and to contact you when necessary in connection with transactions entered into by you on a Site. We may also use your Personal Information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and the Sites or administer activities on our behalf. We also reserve the right to release current or past user information in the event that we believe that the user is using, or has used, our services in violation of the terms and conditions, to commit unlawful acts, if the information is subpoenaed, if we are sold or acquired, or when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission enabling regulations.

In addition, by registering at the Website, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”). Notwithstanding that your telephone number may be listed at the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule. You may unsubscribe from any of our e-mail marketing programs at any time. In every e-mail communication we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific marketing program by simply clicking the hyperlink provided and following the instructions that follow. We attempt to process all unsubscribe requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different e-mail marketing program that you have opted into. We can guarantee, however, that if you should ever receive another e-mail communication from us, you will be able to remove your e-mail address via the unsubscribe hyperlink. We are able to offer our free services, in part, based upon the willingness of our users to be contacted by our marketing partners, including affiliated third party advertisers. By allowing us to make the information you supply available to our marketing partners, you will receive free product and service information that may be of interest to you. You may, at any time, notify us that you do not wish to have your Personal Information disclosed to third parties for offers and promotions by sending an e-mail to [email protected]

How We Use Demographic Information and Aggregate Data

We use demographic information to tailor Sites to the interests of our users. Demographic information is shared with advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.

We reserve the right to provide aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage, or characteristics of our participants as a group, without disclosing personally identifiable information. By opening an account with us, you agree to allow us to provide such aggregate data to third parties. By agreeing to these terms, you hereby consent to the disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate. Additionally, when you open, preview or click on the advertising portion of our e-mails and/or those of our marketing partners and/or affiliates, you have agreed to the terms set forth in our Privacy Policy and agree that as a function of opening, previewing or clicking on the advertising portion of our e-mails, that you will receive new or additional marketing communications from us, our marketing partners and/or our affiliates.

Other Sites

Please be aware that our Sites may contain links to other sites on the Internet that are owned and operated by third parties. Other sites accessible through our Sites have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of each of the advertisers and/or third parties accessible through the Sites. The entities that advertise and/or place banner ads on the Sites are independent third parties and are not affiliated with us.

The information practices of those websites linked to our Sites are not covered by this Privacy Policy. These other sites may send their own cookies to users, collect data, or solicit Personal Information. Additionally, other companies that place advertising on our Sites may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

On behalf of various sponsors, we may provide sponsored links to third party websites. If you click on a sponsored link or banner ad, a "window" or "frame" containing a third party's website may appear in the foreground with a Site in the background. Unless you are on one of our Sites, any time that you have moved to a window, you should assume that your Personal Information is being collected, used and disclosed in accordance with the windowed site's privacy policy (if any). If you are unsure as to whose privacy policy applies, please contact us by e-mail at [email protected]

Security Precautions

We endeavor to safeguard and protect our users' information. When users submit information at the Sites, their information is protected both online and off-line. The privacy of your personal information is very important to us. The servers that we store personally identifiable information in are kept in a secure physical environment. We have security measures in place to protect the loss, misuse, and alteration of personal information under our control. Please be advised that, although we take every reasonable technological precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our Site is at your own risk. However, access to your information is strictly limited, and not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all user information.

Users may receive e-mail confirming their registration with our Site(s) as well as promotional marketing of commercial products and services.

Opting Out/Removal of Information

At your request, we will remove Personal Information that you have provided to us. You may do so by e-mailing [email protected] However, deleting your Personal Information or otherwise opting-out of receipt of communications from us or third parties will only change or delete the data in our database for purposes of transacting future business on a Site and for managing future communications from us and third parties. These deletions will not change or delete Personal Information already collected as part of a particular transaction in our database, which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact third parties who may contact you directly to change your preferences or your personal information that they may be using to contact you.

We provide users the option to opt-out from receiving information sent via electronic mailings on behalf of third party advertisers. Users may unsubscribe from receiving e-mails at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mails from a particular sender, please consult that sender’s opt out policies or contact that sender.

Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from us for up to five (5) days after following the unsubscribe procedures detailed above. If, after that point, a user is still receiving email from us, the user should contact us at [email protected]

No Liability for Unauthorized Changes

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF A SITE OR FOR THE UNAUTHORIZED MODIFICATION OF TEXT OR ADVERTISEMENTS PROVIDED BY US TO OUR MARKETING PARTNERS OR THIRD PARTIES.

Your Acceptance of These Terms

By using this site, including, without limitation, signing up for offers and/or continuing to receive information from us, you agree to the terms of our Privacy Policy. We reserve the right, at our discretion, to change, modify, add, and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the Site. Please check this page periodically for changes. Your continued use of the Site or acceptance of our emails following the posting of changes to these terms will mean that you accept these changes and agree to continue receiving emails from us. If you do not agree to the terms of this Privacy Policy, please unsubscribe by clicking here.

Contacting us about privacy questions or concerns

If you have any questions about this Privacy Policy, the practices of a Site, or your dealings with this Site, please email us at [email protected] or by sending a letter to: Location3 Media, Inc., 1800 Glenarm Place. Suite 700, Denver, CO 80202.