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Privacy Policy

Color Matters Privacy Policy

This Privacy Policy was last modified on 12/04/11 and was first published and made effective on 03/08/2000.

Color Matters. (“we,” or “us”) knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by Color Matters when you use the Color Matters website, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

Information We Collect

User-Provided Information: You provide us information about yourself, such as your name, e-mail address, and other personal information if you register for a User account with the Service (including by “following,” “liking,” adding the Color Matters website, etc., on a third party website or network). If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through the Service. You may provide us information in User Content you post to the Service.

Cookies Information: When you visit the website, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets Color Matters help you log in faster and enhance your navigation through the site. A cookie may also convey information about how you browse the Service to us. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear Gifs Information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Color Matters better for our users.

Third Party Services: Color Matters uses third party analytics services including Google Analytics to help understand use of the Service. These services collect the information sent by your browser as part of a web page request, including cookies and your IP address, and their use of this information is governed by their Privacy Policy.

How We Use Your Information

We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service.

By providing us with your email address (including by “following,” “liking,” adding the Color Matters application, linking your account to the Color Matters service, etc., on a third party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.

Following termination or deactivation of your User account, we may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, we may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to public or semi-public areas of the Service after termination or deactivation of your User account.

If you choose to use our invitation service to invite a friend to the Service, we will ask you for that person's email address and automatically send an email invitation. We store this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us to request that we remove this information from our database at privacy@Color Matters.com.

We may use certain information about you and/or your User Content internally for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses; (f) help you efficiently access your information after you sign in; and (h) track User Content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act; and (i) automatically update the Color Matters application on your system and related devices.

How We Share Your Information

Personally Identifiable Information: We will not rent or sell your personally identifiable information to others. We may share your personally identifiable information with third parties for the purpose of providing the Service to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy. We may store personal information in locations outside of our direct control (for instance, on servers or databases co-located with hosting providers).

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.

Any personal information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. To change your privacy settings on the Service, visit your account settings page. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Service together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.

Except as otherwise described in this Privacy Policy, we will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Color Matters, our Users or others.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Color Matters services.

We may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on Color Matters. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. Color Matters does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Color Matters to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. The Color Matters Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

How We Protect Your Information

We care about the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Color Matters or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of Color Matters’s distributors, such as social networks. We are not responsible for the functionality or security measures of any third party.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Color Matters, at all times.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, we will promptly 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.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case Color Matters may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account settings page. You can review and correct the information about you that Color Matters keeps on file by contacting us directly at privacy AT ColorMatters.com.

Children's Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register as Members. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Color Matters. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy @Color Matters.com.

Links to Other Web Sites

We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.

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, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Service, 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 in this Privacy Policy.

Changes to Our Privacy Policy

We may update its Privacy Policy from time to time, and so you should review this Policy periodically. When we change the policy in a material way, we will update the ‘last modified’ date at the top of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, please contact us at privacy AT ColorMatters.com, or send mail to:

Color Matters
1212 Some Street
Honolulu, HI 99999

DMCA

Digital Millennium Copyright Act

Color Matter’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that a Unique User has infringed your copyright(s) on our Site, and you have conducted an analysis under the doctrine of fair use and determined that the use you see is not allowed under the law, you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim. When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity. Notices and Counter-Notices are legal notices distinct from regular Site and or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal request. Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

Filing a DMCA Notice To file a DMCA Notice, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA, without further notice to you. Your Notice must:
1. Identify specifically the copyrighted work(s) (“Content”) you believe has/have been infringed (for example, “My copyrighted work is an image that appears on [date] at [list profile where material is located].”) and the work contains the following elements [list elements for identification];
2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. If applicable, you should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
4. If possible, provide information sufficient to permit us to notify the Alleged Infringer;
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
7. The Notice must be signed;
8. The Notice must be sent to our DMCA designated agent at the following address:

Color Matters - DMCA Designated Agent
3905-C Maunahilu Place
Honolulu, HI 96816

Filing a Counter-Notice If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that original party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA Your Counter-Notice must:
1. Describe and list all material(s) that were removed by Color and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
2. Provide your name, address, telephone number and email address (if available);
3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
6. The Counter-Notice must be signed.
7. The Counter-Notice must be sent to our designated DMCA designated agent at the following address:

Color Matters - DMCA Designated Agent
3905-C Maunahilu Place
Honolulu, HI 96816

Copyright-2011


Color Matters is a registered trademark of J.L. Morton.
Graphics and Text: Copyright (c) 1995-2011, J.L.Morton, All rights reserved

Copyright

Color Matters is a registered trademark of J.L. Morton.
Graphics and Text: Copyright (c) 1995-2011, J.L.Morton, All rights reserved.

 

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Color Matters is a registered trademark of J.L. Morton.
Graphics and Text: Copyright (c) 1995-2024, J.L.Morton, All rights reserved

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