Privacy Policy

yoSmarty.com Privacy Notice

Updated as of December 4, 2009

The yoSmarty.com Privacy Notice describes how yoSmarty.com ("yoSmarty") and its subsidiaries treat personal information when you use yoSmarty services. In addition, this notice describes privacy practices specific to yoSmarty.

Personal Information

Browsing yoSmarty. You can watch videos on yoSmarty without having a yoSmarty Account. You also can contact us through the yoSmarty contact link or by emailing us directly without having to register for an account.

Your yoSmarty Account. For some activities on yoSmarty, like uploading videos, posting comments, flagging videos, or watching restricted videos, you need a yoSmarty Account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access.

Usage Information. When you use yoSmarty, we may record information about your usage of the site, such as your Internet Protocol ("IP") address, yoSmarty cookie information, the page you request and how long and how often you watch one of our videos, your web request, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, the channels, groups and favorites you subscribe to, which other users you communicate with, the videos you watch, the frequency and size of data transfers, information you display about yourself, and information you click on in yoSmarty (including user interface elements and settings). If you are logged in, we may associate that information with your yoSmarty Account. In order to ensure the quality of our service to you, we may place a tag (also called a "web beacon") in HTML-based customer support emails or other communications with you in order to confirm delivery.

Cookies. When you use yoSmarty, 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. We use both session cookies and persistent cookies. A persistent cookie remains 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 browser's help file directions. A session cookie is temporary and disappears after you close your browser. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Website may not function properly if you disable your browser's ability to accept cookies.

Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (e.g., video comments, your profile page) may be collected and used by others.

Uses

If you submit personal information to yoSmarty, we may use that information to operate, maintain, and improve the features and functionality of yoSmarty, and to process any flagging activity or other communication you send to us.

We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major yoSmarty changes or for customer service purposes). If you consent to receive commercial or marketing messages, we may provide your information to trusted partners who work with us under confidentiality agreements. These companies may use your personal information to help us communicate with you about offers from us and our marketing partners. These companies do not have any independent right to share your information.

We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit yoSmarty; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, and other businesses or persons for the purpose of processing the information on our behalf. We require that these parties agree to process the information in compliance with the yoSmarty Privacy Notice, and we use reasonable efforts to limit their use of the information and to use other appropriate confidentiality and security measures.

yoSmarty will disclose personally and non-personally identifiable information when we believe necessary to: (a) respond to subpoenas, court orders, or legal process; (b) establish or exercise our legal rights; (c) defend against legal claims; (d) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of use; or (e) to otherwise comply with the law.

yoSmarty will transfer information about you if we are acquired by or merge with another company.

Information That is Publicly Available

When you create a yoSmarty Account, some information about your yoSmarty Account and your account activity will be provided to other users of yoSmarty. This may include the date you opened your yoSmarty Account, the date you last logged into your yoSmarty Account, your age (if you choose to make it public), your country, and the number of videos you have watched.

Your yoSmarty Account name, not your email address, is displayed to other users when you engage in certain activities on yoSmarty, such as when you upload videos or send messages through yoSmarty. Other users can contact you by leaving a message or comment on the site.

Any videos that you submit to yoSmarty may be redistributed through the internet and other media channels, and may be viewed by other yoSmarty users or the general public.

You may also choose to add personal information which may include your name, gender, profile picture, or other details, that will be visible to other users on your yoSmarty Account channel page. If you choose to add certain features to your yoSmarty Account channel page, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users. Such shared activity may include your favorite videos, videos you rated, and videos that you have uploaded.

Your Choices

If you have a yoSmarty Account, you may update or correct your personal profile information, email preferences, and privacy settings at any time by visiting your account profile page.

You may control the information that is available to other users and your confirmed friends at any time by editing your yoSmarty Account and the features that are included on your channel page. If you have enabled Active Sharing, other users may see that you, as identified by your account name, not your email address, are watching the same video.

You may, of course, decline to submit personal information through yoSmarty, in which case you can still view videos and explore yoSmarty, but yoSmarty may not be able to provide certain services to you.

Advertising on yoSmarty

yoSmarty strives to provide you with relevant and useful advertising and we may allow other third party ad serving systems to do so, too. We may use a range of information including cookies, web beacons, IP addresses, usage data, and other non-personal information about your computer or device (such as browser type and operating system) to provide you with relevant advertising. If you are logged into your yoSmarty Account, we may also show you advertising based on the information you have provided to us in your yoSmarty Account.

Advertisers may serve ads based on interests associated with non-personally identifiable online activity, such as videos viewed, frequency of uploading or activity on other Ad partner sites. Advertisers may also serve ads to you based on previous activity on that advertiser's website. This non-personally identifiable information is held separately from your yoSmarty Account data, or other personally identifying information in our possession.

Other third-party ad serving companies may display ads on yoSmarty. yoSmarty does not provide any personal information to these third-party ad servers or ad networks without your consent. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. yoSmarty's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Any data obtained by third-party ad servers subsequently shared with yoSmarty is maintained and dealt with by yoSmarty in accordance with this privacy policy.

Privacy for Children

Protecting the privacy of young children is especially important. For that reason, yoSmarty does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on yoSmarty from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access yoSmarty at any time or in any manner. If we learn that personally identifiable information of persons under 13 years of age has been collected on yoSmarty without verified parental consent, then we will take the appropriate steps to delete this information.