Privacy

Effective Date: September, 2009

Marble Play™ Privacy Policy

Thank you for visiting the Marble PlayTM website located at www.marbleplay.com (the "Site"). The Site is an Internet property of Marble Play LLC ("Marble PlayTM," "we" or "us"). Marble PlayTM has created this Marble PlayTM Privacy Policy (the "Privacy Policy") in order to disclose our information gathering and dissemination practices. We understand the importance that Internet users place on privacy and have designed our Site with this in mind. Marble PlayTM is fully committed to 100% permission-based marketing. You agree to this Privacy Policy, in its entirety, when you:
(a) access or use our Site;
(b) register as a Marble PlayTM Member (as that term is defined in the Terms and Conditions), which provides you with access to:
(i) the Site's interactive features including, but not limited to, live chat, blogs and the comments sections of the Site ("Interactive Services"); and
(ii) features that enable Members to post searchable listings and communicate with other Members in order to facilitate face-to-face meetings ("Meet-Ups") in connection with group participation in sports and other activities ("Buddy Up Services" and, together with the Interactive Services, the "Marble PlayTM Services");
(c) register for one of our sweepstakes, promotional offers or contests (the "Contests");
(d) register as a Member that is permitted to list products, services, job listings, offers, requests, personals and other content within the applicable area of the Site dedicated to the listing and display of such classifieds (the "Classifieds Area"); and/or
(e) purchase products, or register to purchase products, from one of the various shops found throughout the Site (collectively, the "Marble PlayTM Shop").

If you are a resident of the State of California and would like to opt-out from the disclosure of your Personal Information (as defined below) to any third-party for marketing purposes, please Click Here. Please be advised that where California residents opt-out from permitting their Personal Information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.

Information Collected

Marble PlayTM Services
To accomplish our goal of fostering interaction between our Site's Members, hosting the Contests, Marble PlayTM Shop and other Marble PlayTM products and/or services, we may need to gather personal information on the Membership application form, and other registration forms, which may include, without limitation:
(a) your full name;
(b) e-mail address;
(c) mailing address;
(d) daytime, evening and/or cellular telephone numbers;
(e) credit card information;
(f) date of birth;
(g) gender;
(h) information pertaining to an event which you are "Listing" (as defined below);
(i) information pertaining to a facility that you are "Listing";
(j) information pertaining to a website that you are "Listing";
(k) information pertaining to a local sports team/club that you are "Listing"; and/or (l) any other information requested on the applicable form (collectively, "Registration Data"). The aforementioned Registration Data, together with information regarding your transactions with Marble PlayTM (which may include, but is not limited to, your payment history) is referred to collectively herein as "Personal Information." We may also collect your personally identifiable information when you otherwise agree to the terms of this Privacy Policy at the Site, but do not complete the full registration process or purchase process, as applicable.

Non-Personally Identifiable Information
We automatically track certain non-personally identifiable information based upon your behavior on the Site. This non-personally identifiable information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information and your Internet Protocol ("IP") address. Your IP address is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). For local area network ("LAN"), DSL or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Internet. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, the other websites that you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, as well.
We use the non-personally identifiable information that we collect to improve the design and content of our Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products and services. We may share with third-parties certain Site usage information for the purpose of tracking the performance of the Marble PlayTM Services, Marble PlayTM Shop, Classifieds Area, other Site functions and upgrading visitor information used in reporting statistics. For this purpose, we may track some of the pages that you visit at our Site through the use of pixel tags (also called clear gifs). By submitting information at and/or registering at the Site, you agree to allow us to share such Site usage information with third-parties.
We also may use "cookies" to enhance your experience in using our Site. Cookies are text files that we place in your computer's browser to store your preferences. We use cookies to understand Site usage, to personalize your experience and to improve the content and offerings on our Site. To find out more about cookies, please visit www.cookiecentral.com. To disable and reject certain Cookies, please reference the above website for specific browser disabling information. Even in the case where a user rejects a cookie, he or she may still use the Site.

Sharing of Information
Any Personal Information that you submit at the Site remains your property. However, by submitting that information to us, you grant to us the right to use your Personal Information, subject to applicable state and federal law, for any legal purpose including, without limitation:
(a) directly providing your Personal Information to a third-party advertiser to effectuate a purchase from such third-party advertiser for products and/or services transacted through one of the Marble PlayTM Shop;
(b) marketing purposes, such as sharing or transferring your information (other than credit card information) with/to third-party advertisers;
(c) providing promotional offers to you by means of e-mail advertising, telemarketing, SMS text-based marketing (where permitted by applicable law), direct mail marketing, pop-ups, pop-unders and/or online banner advertising;
(d) tracking compliance with our Terms and Conditions and/or Classifieds Agreement, as applicable; and
(e) for validation, suppression, content improvement and feedback purposes. Registrants for our Contests may receive e-mail confirming their registration with Marble PlayTM, subsequent entries in our Contests, as well as promotional marketing of commercial products and services.

Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Personal Information (other than credit card information) with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third-parties may include, without limitation, providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation, telemarketers, e-mail marketers and SMS text-based marketers (where permitted by applicable law). We may also use your Personal Information for any marketing and survey purpose on behalf of Marble PlayTM and its affiliates and subsidiaries. Marble PlayTM may disclose Personal Information to third-party agents and independent contractors that help us conduct our marketing and survey efforts. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site.

We also reserve the right to release current or past member/user information in the event that:
(i) we believe that the Site is being or has been used to commit unlawful acts;
(ii) if the information is subpoenaed or otherwise required in a court proceeding;
(iii) in the event that you violate or breach an agreement with Marble PlayTM;
(iv) we believe that you will harm the property or rights of Marble PlayTM or those of Marble Play'sTM other customers;
(v) if we are sold or acquired; or
(vi) when we otherwise deem it necessary or appropriate.

By agreeing to this Privacy Policy, you hereby consent to disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the requirements of the CAN-SPAM Act of 2003, as amended from time to time ("CAN-SPAM").

By registering at the Site, 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") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and the applicable state do-not-call regulations.

In addition, you agree that by submitting your Personal Information at the Site, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third party advertisers and marketers (where, and to the extent that, such marketing is permitted by applicable law). As such, notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.

To the extent that Marble PlayTM collects your credit card-specific information, if ever, we will use the information to process and complete any transaction that you request. By submitting your credit card information to us, you authorize Marble PlayTM to periodically verify that your credit card account continues to be a valid and active one by charging, and thereafter immediately crediting, a small sum to the card. Such verification may be conducted through a third-party and, in that case, Marble PlayTM would share your specific credit card information with this third-party for verification purposes. Apart from said uses, we will not share your credit card information with any third-parties (other than consumer credit agencies and third-parties whose products and/or services you have elected to purchase through the Marble PlayTM Shop) without your prior informed consent. Notwithstanding the foregoing, Marble PlayTM reserves the right to share with third-parties the fact that we have credit card information on file for specific users, but we will not share your specific credit card information with third-parties without your prior informed consent.

Interactive Services and Buddy Up Services
If you comment on a blog post or other Interactive Services forum, or otherwise provide Feedback and/or Content (as those terms are defined in the Terms and Conditions) by and through the Interactive Services, you should be aware that any personally identifiable information that you submit there can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information that you choose to submit in these forums.

Marble PlayTM allows Members to create self-reported profiles ("Buddy Up Profiles") for use in connection with the Buddy Up Services. Please be advised that if you make your Buddy Up Profile available on the Site, other Members will be able to reach you via email through the Buddy Up interface ("Buddy Up E-mail") for the purpose of contacting you in connection with a possible Meet-Up; provided, however, that Marble PlayTM will not share the e-mail address contained in your Personal Information with such Members. The Buddy Up E-mails contain comments, opinions, information and other content that is provided directly by Members. Marble PlayTM shall have no obligations and incur no liabilities to you or any other Members in connection with any such comments, opinions, information and/or other content appearing within the Buddy Up E-mails.

Aggregate Information
Marble PlayTM reserves the right to transfer and/or sell aggregate or group data about Marble PlayTM users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Marble PlayTM users as a group without disclosing personally identifiable information. Subject to applicable state and federal law, by submitting your Personal Information to, and/or using the Site, you agree to allow Marble PlayTM to transfer and/or sell such aggregate data to third-parties.

Other Websites/Offers
This Site may contain links to other third-party owned and/or operated websites. Marble PlayTM is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Marble PlayTM has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of each of the third-party advertisers that may advertise at the Site. The entities that advertise and/or place banner ads at the Site including, but not limited to, these third-party advertisers, are independent third-parties and are not affiliated with us.

Security
All collected information is stored in a technically and physically secure environment. When our registration/application process asks users to enter sensitive information (such as credit card information, etc.), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect all user information both online off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this information is strictly limited, and not accessible to the public. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example a customer service representative) are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all Marble PlayTM user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage and to engage in remedial measures.

Minors
No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age. Persons under eighteen (18) years of age are not permitted to access the Site and we do not knowingly collect Personal Information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe
During registration, application, purchase and/or when you otherwise submit Personal Information to us at the Site, you have opted-in and authorized us to share your Personal Information with third-parties for marketing purposes. To stop receiving future communications from Marble PlayTM, please Click Here. To opt-out of having your information shared with third-parties, please Click Here. Marble PlayTM uses Personal Information to provide promotional offers by e-mail to individuals. Marble PlayTM may maintain separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from that particular list.

Changes in Privacy Policy
Marble PlayTM reserves the right to change or update this Privacy Policy at any time by posting a notice at the Site explaining that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, Marble PlayTM will notify its users by posting the changes on the Site, and providing users with the opportunity to opt-out of the provisions relating to the transfer of their Personal Information. Other than where the user opts-out, the user's continued use of the Site, Marble PlayTM Services, Marble PlayTM Shop, Classifieds Area and/or continued receipt of Marble PlayTM e-mails constitutes an affirmative acknowledgement and acceptance by the user of the modified Privacy Policy.

Correct/Update
Personal Information supplied to Marble PlayTM during registration can be modified by logging in to your Marble PlayTM account and modifying any of the desired fields.

Contacting the Site
We listen to or read, as applicable, every message sent to us and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about this Privacy Policy or the practices of Marble PlayTM, please feel free to contact us at: (212) 481-8383 (Option. 1) or at admin@MarblePlay.com.