ModelWire Network Privacy Policy

Effective Date: March 1st, 2013 MODELWIRENETWORK.COM PRIVACY POLICY

Casting Networks, Inc. (“we”, “Casting Networks”, “us” or “our”) has developed this Privacy Policy which details important information regarding the use and disclosure of user information collected on the website ModelWireNetwork.com, owned by Casting Networks, and any successor website (the “WMN Site”) and other interactive properties and applications enabling you to access the MWN Site (the MWN Site and other interactive properties are collectively referred to herein as the “MWN Applications"). This Privacy Policy does not apply to any other website (including ModelWire.com or any other site operated by Casting Networks, which are subject to a different privacy policy) or any offline contact between Casting Networks and any other company or offline contact between you and Casting Networks or between you and other registered members of the MWN Site or MWN Applications. This Privacy Policy describes how we collect, use, share, and protect the personal information of users of the MWN Applications. By accessing, using, registering with, or providing personal information to the MWN Applications, you explicitly accept, without limitation or qualification, (i) the collection, use, storage and transfer (including international transfer) in the manner described in this Privacy Policy (as amended from time to time) and (ii) the Terms of Use hereby incorporated by reference. 

THIS PRIVACY POLICY AFFECTS YOUR RIGHTS AND LIABILITIES UNDER THE LAW. Participating in the MWN Applications means that you will be sharing information about yourself with other users of the MWN Applications. If you do not agree to the terms of this Privacy Policy, do not access or use the MWNApplications or provide us with personal information.

The MWN Applications and related services provide a range of content hosting and communication services to models, photographers, makeup artists, fashion designers, hair stylists, fashion stylists and other artists (collectively, “Artists”) so that they may advance their careers by making connections, sharing information, gaining experience, and finding opportunities for work and/or representation.

SPECIAL NOTICE TO ARTISTS

There are practical considerations relating to the need for other users of the MWN Applications to review certain personal information about you in order to contact you for networking purposes.

By registering and creating a profile on the MWN Site, you understand that you are affirmatively choosing to post personally identifiable information about yourself including, but not limited to, images, display name, member type, sizes and stats, gender, city, state, country, and whatever information you may enter into the “About Me” section. You further acknowledge and agree that such personally identifiable information may be accessible to other members of the MWN Applications, the general public who might visit the MWN applications might be able personally identify and locate you, and that you are aware of any and all risks inherent in so doing. Your information may also be viewable outside of the MWN Applications via web search engines, which are outside of our control.  

SPECIAL NOTE ABOUT MINORS

We are very concerned about the safety and privacy of all of our members, particularly individuals under the age of 18. We do not knowingly collect personal information directly from children under the age of 13. We do allow users between the ages of 13 and 17 (“Youth”) to register but do not allow Youth to access the MWN Applications or post a profile without their parent’s or legal guardian’s (the “Responsible Adult’s”) permission. During registration, Youth are required to enter the Responsible Adult’s email address. The Responsible Adult will receive an email giving them the option to accept our Terms of Use and this Privacy Policy on behalf of the Youth. Accepting the Terms of Use and Privacy Policy on behalf of the Youth shall act as permission for that Youth to participate in the MWN Applications ("Permission") and activate the Youth’s account.Once we have received Permission from the Responsible Adult, Youth members may monitor and modify their profiles posted on the MWN Applications.

We reserve the right at any time to require verification of a Responsible Adult and evidence of the Responsible Adult's relationship with the Youth.  If we become aware that an account has been established for a Youth without a Responsible Adult's permission, we will take steps to terminate the account and remove any corresponding information.

Youth and Adult Databases

Youth members are segregated into a separate database ("Youth Database") and are not allowed to interact with Adult members, which have their own, separate database (“Adult Database”). Once a Youth member reaches the age of 18, his or her account, including the corresponding profile, will be moved to the Adult Database upon written notice and s/he will no longer have access to the Youth Database or any of its members. 

SEEKING REPRESENTATION - SCOUTING SERVICE

If you select “I am seeking representation” under your profile preferences, you are opting-in to allow a limited version of your profile (as defined below and herein known as “Limited Profile”) to be searchable by agents and managers (collectively “Artist Representatives") who are members of our sister site, modelwire.com, so that you may you may be scouted for representation (this functionality herein known as “Scouting Service”).

The Limited Profile displays your 5 first photos, display name, member type, sizes and stats, gender, city, state, country, and “About Me” section.

Your first name, last name, email address, IM name, and phone number are not displayed on your Limited Profile and therefore are not available to Artist Representatives through ModelWireNetwork.com or any third party.

All correspondence between you and Artist Representativesshould occur through our online messaging system to avoid sharing your personal contact information.

SHARING YOUR ADDRESS, PHONE NUMBER, EMAIL OR OTHER CONTACT INFORMATION WITH ARTIST REPRESENTATIVES OR OTHER MODELWIRE NETWORK USERS IS NOT RECOMMENDED. IF YOU ELECT TO DO SO, YOU ACKNOWLEGDE AND ACCEPT ANY AND ALL RISKS INHERENT IN DOING SO.

You may opt out of the Scouting Service at any time by changing the representation preference under your profile preferences, but information that has been shared prior to doing so will still remain available to Artist Representatives who downloaded that information prior to your opting out of the Scouting Service. We have no control over how artist representatives use your information.

PRIVACY POLICY UPDATES

Casting Networks may modify, supplement or replace this Privacy Policy from time to time, and may do so at its sole discretion, consistent with applicable data protection laws and rules. Any revisions to our Privacy Policy will be posted here with the "Effective Date" posted at the top of the policy.  Any revised policy will supersede and replace previous privacy policies, effective as of the date on which it is posted.  Your use of the MWN Applications after any revised Privacy Policy has been posted represents and confirms your consent and agreement to all such changes. Any use of the information we collected before a revision will be used in accordance with the terms of the privacy policy in effect when the information was obtained.

THIRD PARTY LINKS

The MWN Applications may contain links to websites operated by third parties (“Third Party Sites”) that are outside of our control and are not covered by this Privacy Policy.  We do not endorse and are not in any way responsible for the privacy policies, content, and/or practices of such Third Party Sites.  You should review the privacy policy of all Third Party Sites so you can understand how they collect, use, store, transfer, or share your personal information.

 

TYPES OF INFORMATION WE COLLECT

 

We may collect different types and combinations of information on the MWN Applications including personal information, financial information, demographic information, log data, IP address or mobile device identifier, and aggregate data as each is defined below. Sometimes we collect combinations of all these types of information. In each case, it is indicated on the MWN Applications whether any personal or demographic data must be provided for you to access and use the requested service. 

Information Obtained From You

We collect personal information directly from you when you register and create a profile that may be used to identify you or any other person to whom the information may relate.

 

The collection and use of your personal information may be necessary for us to provide you with a positive and customized experience on the MWN Applications, to provide you with a product or service, to communicate with you, or maintain our relationship with you. We do not collect your personal information unless you or, if you are a Youth, the Responsible Adult chooses to provide it to us. 

You are not required to give us any personal information in order to read the content portions of the MWN Applications.  However, please note that if you choose not to provide us with personal information, you may not be able to use certain functions and features of the MWN Applications.

When you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you.  This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

We ask that you do not enter personal information into a profile, except in the fields specifically designated for that information.

Information Collected Through Technology

In addition to any personal or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs (“Information Collection Technologies”) to collect information from you. 

As you use the MWN Applications, your browser and devices communicate with servers operated by us, our business partners, and service providers to coordinate and record the interactivity and fill your requests for services, content and information.

We may collect many different types of information with our Information Collection Technologies such as information from the computer or mobile devices (“Devices”) you use to access our MWN Applications, your operating system type or Device model, browser type, domain, and other system settings, the language your system uses and the region and country and time zone of your device (“Region Location”),unique IP address or Device identifier ("Device Identifier") and information about the website you were visiting before you came to the MWN Applications and the website you visit after you leave our MWN Applications, if this information is supplied to us by your browser(collectively, “Usage Information”). We may use this Usage Information for a variety of purposes, including enhancing or otherwise improving the MWN Applications.  Some of the Information Collection Technologies we use are:

Cookies: A cookie is a small data file created on your Device when you use your browser to visit the MWN Site to keep track of your movements, help you resume where you left off, and remember your registered login and other customizable preferences. We use both "session cookies" and "persistent cookies”. Session cookies are created temporarily in your browser's subfolder while you are visiting the MWN Site. Once you leave the MWN Site, the session cookie is deleted.  Persistent cookies are saved in your browser's subfolder and are activated again when you revisit the MWN Site. A persistent cookie remains in the browser's subfolder for the duration period set within the cookie's file. You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. 

Pixel Tags and Web Beacons:  Pixel tags and web beacons are tiny graphic images placed on certain pages of the MWN Site or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.

Embedded Scripts:  We also use embedded scripts, which are programming codes designed to collect information about your interactions with the MWNApplications, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the MWNApplications, and is deactivated or deleted thereafter.

Browser Analysis Tools:  Browser analysis tools collect technical data about your browser type, version and configuration to improve stability and customize your experience on the Site.

Web Server Logs:  Web server logs collect a variety of information about a user’s interaction with the Site including, but not limited to, their referring site, browser and operating system, what pages are being viewed and how frequently.

In many cases, the information we collect using Information Collection Technologies is used in non-identifiable ways, without any reference to Personal Information. For example, we may use information we collect about MWNApplications users to optimize our services and understand traffic and usage patterns.  In other cases, we may associate the information we collect using cookies and related technologies with Personal Information. Whenever we associate Usage Information with Personal Information, we will treat it as personal information.

Information We Collect from Third Parties

We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as information to validate or update your address or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.

Online Correspondence and Communications

Subject to the terms of this Privacy Policy, we may collect and store your online correspondence that you send to us and the content of online communications exchanged between you and other members using the tools available on the MWN Applications.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), shall be received and treated by us on a non-confidential and unrestricted basis. Casting Networks will be free to use, display, perform, distribute, copy, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and services incorporating such Feedback. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

HOW WE USE YOUR INFORMATION

 

We use your information, subject to applicable laws, in the following ways:

·         to allow you to register and create a membership account and profile;

·         to deliver or provide a product or service you have requested;

·         to enable you to provide us with Feedback, to contact us and for us to contact you;

·         to administer promotions you enter such as a contest or sweepstakes;

·         to allow you to submit your profile to Artist Representatives for the purpose of finding representation or to projects posted by other members for the purpose of finding work opportunities;

·         to allow your participation in our Interactive Services (where available on the MWN Applications);

·         to allow your participation in any surveys;

·         to send you maintenance communications to alert you to changes and updates in our MWN Applications' policies, products and/or services that may affect you;

·         to send you communications of interest such as emails about our products and services, targeted marketing, and promotional offers;

·         to customize, measure and improve our products, services, content, and advertising, including generating internal reports about the use of our MWN Applications;

·         to personalize your overall experience with MWN applications;

·         to enforce our Terms of Use;

·         for purposes disclosed at the time you provide your information; and

·         as otherwise set forth in this Privacy Policy.

Public Information

The MWN Applications are designed for networking, which enables third parties to see your profile and to contact you through the MWN applications.  Information in your profile may be used for networking with other members or may be visible to other members who are using the MWN Applications. In addition, portions of your profile (but not your contact information) may be made accessible to visitors to the MWN Applications, depending on the privacy setting you choose as explained in the section Privacy Settings for Profiles”.

 

Please remember that any information you disclose while participating in any interactive public forums accessed through the MWN Applications ("Interactive Services"), such as a personal web page you host with us or placed in the our publically available searchable database may be accessed, used, and stored by others around the world and we have no control over how those users may use your personally identifiable information. Therefore, you should exercise caution and discretion when deciding to disclose your personal information in a submission or posting as there is no expectation of privacy when posting, or otherwise participating in the Interactive Services.  

We have the right, but not the obligation, to monitor any activity and content associated with the Interactive Services.  We reserve the right to take action in connection with any content we deem to be inappropriate.  Please review our Terms of Use for more information regarding your appropriate use of these areas

When you create or post a profile to the MWN Applications, it is stored in our publically available searchable database. Once posted, your profile will be searchable, and all third parties with access to our searchable Artist database (or copies thereof) will have access to your profile.  We attempt to limit access to our searchable database to members who we expect are legitimate industry users, but we do not do background checks of our members and cannot guarantee who might gain access to this database. You may cancel your account at any time to make your profile prospectively inaccessible to such third parties by following the instructions in the section,  “Cancelling Your Account”.

 

Sharing of Information with Third Parties for Marketing Purposes

Casting Networks does not sell, rent or otherwise share your personal information to any third party for their marketing purposes unless we have obtained your prior express consent to do so. You may withdraw your consent to this sharing at any time without charge as explained below in “Promotional Offers”

Authorized Service Providers

We may share your information with authorized third parties, such as our vendors, who help with our business operations, including the storage and processing of information for the uses listed in this Privacy Policy, such as e-mail originations, receipt of support services, customer relationship management services, analyzing data, providing marketing assistance, order fulfillment and sweepstakes promotion fulfillment and filings, and providing customer service (“Authorized Service Providers”).  These Authorized Service Providers may be located in a country whose data protection laws are different from your country.

Aggregated, Anonymized Data 

We may also share aggregated, anonymous data about your use of the MWN Applications with Casting Networks clients, strategic partners, other MWN Applications visitors, and other third parties so that they can understand the kinds of visitors the MWN Applications have and how those visitors use the MWN Applications. 

To Comply With Law

We may need to disclose your personal information to comply with applicable laws, legal processes, and/or to exercise our legal rights or defend against legal claims or governmental requests or as needed to support auditing, compliance and governance functions. Because Casting Networks is a U.S. company and information collected on our MWN Applications is stored in whole or in part in the United States, your information may become subject to U.S. law. We may also disclose information when we believe, in our sole discretion, such disclosure is necessary or appropriate in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, to enforce our Terms of Use, or as otherwise required by law. 

Sale or Transfer of Business or Assets

In addition, if Casting Networks should file for bankruptcy or merge with another company, or if Casting Networks should decide to buy, sell or reorganize some part or all of its business, your personal information may be one of the assets sold or merged in connection with that transaction to prospective or actual purchasers in accordance with applicable data protection laws.  Information about our users may also need to be disclosed in connection with a commercial transaction where we, or any one of our businesses, are seeking financing, investment, support or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained.

 

THIRD PARTY ANALYTICS TECHNOLOGIES

We use Google Analytics' tools to better understand who is using the MWN Applications, how people are using the MWN Applications and how to improve the effectiveness of the MWN Applications and its content, and to help us serve more targeted advertising to you. Google Analytics uses cookies, pixel tags or other technologies to collect and store anonymous information such as time of visit, pages visited, time spent on each page of the MWN Applications, Device Identifiers, type of operating system used and other web sites you may have visited. We do not have access to, nor control over, third parties' use of cookies or other tracking technologies. You should consult Google Analytics’ privacy policy to see your options for opting out of their use of such devices found at http://www.google.com/intl/en/policies/privacy/.

YOUR CHOICES

Privacy Settings for Profiles

Different types of users are able to view either full or limited versions of your profile depending on which privacy setting you choose. The limited version of your profile (“Limited Profile”) consists of your first 6 photos, display name, member type, sizes and stats, gender, city, state, country, and “About Me” section. The full version of your profile (“Full Profile”) consists of all photos and information you have entered on the MWN Site including your wall and your ModelWire Network friends with the exception of your instant messenger name, email address and phone number. Your instant messenger name, email address and phone number are for internal ModelWire Network purposes only, and are never displayed on either version of your profile.

To access your profile’s privacy settings, please login to the Site, click on “My Account” and then “Privacy Settings”. The default adult Artist profile privacy setting is set to Restricted.

Restricted Setting

·         Friended members can view Full Profile

·         Non-Friended members can view Limited Profile

·         Public cannot view any portion of your profile

·         Youth profiles are locked in the Restricted Setting

Unrestricted Setting

·         Friended members can view Full Profile

·         Non-Friended members can view Full Profile

·         Public can view Limited Profile

Reporting Abuse

If you believe that another member is abusing you, other members, or the MWN Applications or Services, you may report them to us by clicking “Report Abuse” on that member’s profile page. Please describe the alleged abuse as completely as possible.

Blocking Other Members

You can block other members from being able to search or view your profile by clicking “Block User” on the profile page of the member you wish to block. To unblock a member, go to “My Account” and then “Privacy Settings” and select the member you wish to unblock from the list of blocked members at the bottom of the page. Click “Unblock User” at the bottom of that member’s page.

Email Notification Preferences

You may edit your email notification preferences by clicking on “My Account” and then “Email Notifications”.  The following notifications can be turned on or off.

Notify me via email when someone:

·         Sends me a message

·         Sends me a friend request

·         Accepts my friend request

·         Posts a new project

·         Submits to a project I posted

·         Writes on my wall

·         Comments on one of my photos

·         Likes one of my photos

·         Credits me in a photo

Profile Link

You may create a direct URL link to your Limited Profile (“Profile Link”) by editing “Info” under the “Profile” tab. Creating a Profile Link will make yourProfile accessible to third parties outside of the MWN Applications with whom you have shared the link with and via web search engines, which are outside of our control.  

Promotional Offers

To stop receiving marketing communications or promotional offers from ModelWire Network or any prospective third party marketing partners, follow the opt-out instructions in the emails you receive or submit your request to support@modelwirenetwork.com. Your opt-out request will be processed within 10 business days. Please note that, even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account.

How to Access and Update Your Information

We want to make reasonable efforts to ensure that the information we keep for you is accurate and complete. Subject to our right to verify your authorization to change an account, you have the right at any time to access, review, update, or change your account profile. 

·         Updating Your Profile Information:  To update your profile information, log in to your account and click on the “Profile” tab.

·         Cancelling Your Account:  You may cancel your account at any time with any of the MWN Applications by emailing us at support@modelwirenetwork.com or calling 213-201-8101, extension 231.

·         If you have any questions about an account, you can contact us by mail or email at the addresses listed in the “Contact Us with Comments or Questions”section at the end of this Privacy Policy to request access to your personal information.

IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION

Security of Your Information

This public environment gives both members and visitors to MWN applications the ability to view your information.  There are inherent risks associated with any public forum and, by participating you agree to assume those risks.  We implement safeguards to help protect against the loss, misuse and alteration of information under our control.  However, despite our efforts, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure the security of any information you transmit to us, and your use of MWN Applications indicates that you are willing to assume this risk.  We encourage you to take precautions to protect your personal information when you are online. Create strong passwords by using a combination of letters and numbers, change passwords often, and use a secure browser. You are responsible for ensuring that your username and password are kept confidential, subject to the Terms of Use. 

 

A Note to International Users

The MWN Applications are operated and maintained by Casting Networks, whose address is below. If you are visiting the MWN Applications from outside of the United States, please be advised that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. 

The data protection and other laws in the United States and other countries might not be as comprehensive as those in your country. By providing us with personal information and using our services, you consent to having your personal information processed in and transferred to our U.S. facilities and to those third parties in accordance with this Privacy Policy.

California Resident Rights

California’s "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place.  If you do not want us to send you emails regarding special promotions or offers or share your Personal Information with other companies so that they can send you emails about their products and services, simply follow the unsubscribe instructions that are located at the bottom of those emails or email us at privacy@modelwirenetwork.com.If you do not want us to send you any offers from third parties through direct mail or share your Personal Information with other companies so that they can send you direct mail offers about their products and services, please write to us at the street address set forth at the end of this document or email us at privacy@modelwirenetwork.com. Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to such third party's Privacy Policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use your information. You should always review the Privacy Policy of any party that collects your information to determine how that entity will handle your information. California customers may request further information about our approach to this law by emailing privacy@modelwirenetwork.com. Please note that we are only required by law to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

Disputes

If you choose to visit the MWN Applications your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use including limitations on damages, resolution of disputes, and application of the laws of the United States, and the State of California.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the MWN Applications.

Contact Us with Comments or Questions

If you have comments or questions about this Privacy Policy, you can write to or email us at the addresses below.  Please include your contact information and a detailed description of your privacy request or concern.  Please allow at least 15 business days for a response.

Casting Networks, Inc.

Attn: ModelWire Network Consumer Services

3250 Wilshire Blvd. Ste.1800

Los Angeles, CA 90010

USA

privacy@modelwirenetwork.com

Copyright ©2013 Casting Networks, Inc. All rights reserved.