LAST UPDATED: SEPTEMBER 21, 2009
If you are under 18, you should ask your parents or a guardian before you use our Services. If you are not yet 18, do not use our Service; do not download our products.
Overview of Our Policy
YAKNOW.com Website (We refer to our software and Products throughout this agreement as our “Services”).
Information We Collect
How We Use Your Information
How We Use and Share Your Information
The Children’s Online Privacy Protection Act
Some Terms We Use in This Policy
Offers include e-mail, promotions, advertisements contests and third-party software presented by our Partners and us.
Personally Identifiable Information (PII) is any information that identifies or could be used to identify, contact or locate you. It also includes your credit card number.
Partner is an advertiser, or other entity with whom we have a business relationship to provide Offers.
Service FreeDownloads and Offers Site
Subsidiary is an entity wholly owned or related to YAKNOW, LLC.
User means an individual that has accessed the Sites on which we host our Products or Services.
We and Our refer to YAKNOW, LLC. and its subsidiaries.
You and Your refer to each user and his or her agents.
Personal Information We Collect
We may collect personal information at various times when you use our Services. Your participation is voluntary and you have the choice not to disclose any information that we request by choosing not to participate in an offer or exiting our Sites and Services.
Installation. During the installation process, we will present you with Offers. You may choose not to accept our Offers.
Aggregate Information We Collect
When you use our Services, we may collect tracking information such as your IP address, browser type, the type of operating system you use, details about your computer hardware, the applications you have installed on your PC, the domain name of your Internet service provider, and pages you visited on our Sites. None of the information identifies you personally and we do not link aggregate information to Personally Identifiable Information.
Cookies. A cookie is a small text file sent to your browser. Cookies are stored on your computer's hard drive for record keeping purposes. We and our Partners use session ID cookies and persistent cookies. For the session ID cookie, once you close your browser, the cookie will terminate. A persistent cookie remains on your hard drive for an extended period. You can remove persistent cookies by following directions provided in your Internet browser’s help file.
Web Beacons or Pixels. We and our Partners employ a software technology that helps us better manage content on our site by informing us what content is effective. Web beacons or Pixels are tiny graphics with a unique identifier, similar in function to cookies. They track your online Web movement. In contrast to cookies, which are stored on a user’s computer hard drive, we embed Pixels invisibly on Web pages. They are about the size of the period at the end of this sentence. We do not tie the information gathered by Pixels to our customers’ Personally Identifiable Information.
Some of the Partner Offers may also use Pixels. We have no control over our partners’ Pixels. We also have no control over how they use information collected.
Global Unique Identifiers. A GUID (global unique identifier) is a randomly generated alphanumeric identifier used to indicate a unique installation of our Products or Services. We may create a GUID when you install our Products or Services. We use GUIDs to track installations and to enable features and functionality for specific customers who subscribe to our Products and Services. We do not tie the information gathered by GUIDs to our customers’ Personally Identifiable Information.
Software Information. We employ a technology that allows us to determine the operating systems you are using and to view your computer’s registry. Software installed on your computer has unique registry keys. By viewing your registry, we are able to detect whether you have a compatible operating system, compatible versions of DirectX, and Flash Player installed. We use your registry information to determine whether our software offers are compatible with software already present on your PC. We do not tie registry information gathered to our customers’ Personally Identifiable Information.
Hardware Information. Your computer’s operating system also stores hardware information that we examine to determine your computer’s hardware configuration including the amount of memory and the type of video card your computer has, as well as the speed of your processor. We use the information to determine whether our software offers are compatible with your computer hardware. We do not tie hardware information to our customers’ Personally Identifiable Information.
How We Use Your Information
Our primary goal is to make our Services more useful to you. By knowing about you, we are able to deliver relevant Services and Offers. We maintain a secure database of all Information collected on our Sites and Services.
When you click on a third party advertisers' link from our Site, you will be taken off of our Site and will enter the third party's site. We are not responsible for such third party's sites. You should carefully review the privacy statements of any other site you visit, because those privacy statements will apply to your visit to that site, and may be very different from our policy.
Sharing Your Personal Information with Partners.
The following describes some of the ways that we may disclose your information to our Partners:
Search Partners. We may transmit your search queries (made on the Site or within one of our Software Offers) to search Partners, who use this information to provide us with search results, which we then will display to you.
Our Products. We do not require you to provide Personally Identifiable Information during the installation process. However, when you use any of our Partners’ Software Offers you may be required to provide Personally Identifiable Information.
Other Limited Circumstances. From time to time, we may validate the information in our database by employing a validation service. In those instances, we will disclose your information pursuant to confidentiality agreements. In addition, we disclose aggregated user statistics (for example, 45% of our users are female) when we market to current and prospective Partners and for other lawful purposes.
Legal Disclosure: We may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our policies or may be causing injury to or interference with (either intentionally or unintentionally) our rights, property, users, or anyone else that could be harmed by such activities. We may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain service, and improve our Products and Services.
Sale, Merger or Asset Transfer. We may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that we or all of our assets are acquired, customer information, including any information collected through the Sites or the Services would be one of the transferred assets.
Cookies. By modifying your browser preferences, you can choose to, accept all cookies, to be notified when a cookie is set, or you can reject all cookies. If you choose to reject all cookies, you may be unable to use our Services.
Offers. We may from time to time, send you e-mail regarding third party promotions, as well as other, Products and Services. In addition, we may occasionally send you e-mail or direct postal mail about other products and services that we feel may be of interest to you. If you do not wish to receive e-mail or postal mail from us, you can tell us by e-mailing us here. You can also write to Attn: Customer Care, PassionUp.com Inc, PO Box 61431, Honolulu, HI 96839. Be sure to include your full name and address, along with the information you submitted during your initial registration including postal address and e-mail, and tell us that you no longer wish to receive offers from us. You also have the option of unsubscribing from e-mail Offers by clicking on the unsubscribe link at the bottom of every e-mail offer from us.
Security and Passwords
We cannot and do not ensure or warrant the security of any information collected, transmitted over the Internet, or maintained in your user profile. You agree that any data transmission you make or receive through the Site or the Service is at your own risk.
Account information for our members is password-protected so that you and only you have access to this personal information. Do not divulge your password to anyone. We will never ask you for your password. Also, remember to sign out of your account and close your browser when you have finished your visit. This ensures that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
No method of transmitting or storing electronic data is ever completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy.
Children's Online Privacy Protection Act
We do not knowingly collect information about children. Should a child make known to us his or her Personally Identifiable Information, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her Personally Identifiable Information. We encourage parents and guardians to be familiar with the web sites that their children visit. The Federal Trade Commission ("FTC") regulates the means by which web site operators collect and use personal information from children under 13, pursuant to the Children's Online Privacy Protection Act of 1998 (the "Act"). For more information about the Act and children's on-line privacy in general, visit the FTC's web site at www.ftc.gov/privacy. For safety tips on privacy visit www.OnGuardOnline.gov.
Disclaimer of Liability. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES) IS PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (1) THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (2) THE SERVER THAT MAKES THE SERVICES AVAILABLE, INCLUDING THAT IT IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF OUR SITES AND SERVICES, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $1.00.
International Policy. Our Services are hosted by servers in the United States. Accordingly, if you are located outside of the United States, we will transfer the personal information you provide to us to the United States. By submitting your personal information, you fully understand and consent, to its transfer, storage and processing in the United States.
PO Box 61431
Honolulu, HI 96839
All Rights Reserved
P. O. Box 61431
Honolulu, HI, USA 96839