EXTREME ELEMENTS INTERNATIONAL, LLC - PRIVACY POLICY
Last Updated: September 18, 2010
A. Our Commitment to Privacy
Extreme Elements International, LLC and its subsidiaries and affiliated entities (collectively, (“ExtremeElements”) realize the importance of respecting and protecting your privacy.
This privacy policy (“Privacy Policy”) discloses the information that ExtremeElements gathers on the network of web sites that ExtremeElements owns and/or operates (collectively, the “Sites”), as well as ways in which ExtremeElements processes and, sometimes, shares such information and how you can correct or change that information. As of the date that this Privacy Policy was last updated, ExtremeElements’s Sites include http://www.ExtremeElements.com and http://www.ExtremeElements.tv (collectively, the “Sites”).
Except where otherwise expressly indicated herein or on a Site, this Privacy Policy applies only to information collected on the Sites and does not apply to information collected outside of the Sites. Before using or submitting information to any of the Sites, please review this Privacy Policy carefully.
Certain areas of ExtremeElements’s Sites contain information intended only for users who create an account, join or otherwise register to use any of the Sites (“Registered Users”) and ExtremeElements reserves the right to limit these areas to Registered Users. This Privacy Policy addresses ExtremeElements’s privacy practices relating to general use of the Sites, as well as use of the Sites by Registered Users.
B. Information ExtremeElements Collects
ExtremeElements collects the following types of information from users of the Sites:
1. Personally Identifiable Information
ExtremeElements may receive and store any information that you enter on any of the Sites or provide to ExtremeElements in any other way that would allow ExtremeElements to identify you or contact you (collectively “Personally Identifiable Information”). The Personally Identifiable Information that you provide will be used by ExtremeElements only in accordance with this Privacy Policy. Examples of Personally Identifiable Information ExtremeElements may collect from you and use are:
• your name, address, phone number(s), e-mail address, date of birth, nationality and gender if you are a Registered User or are otherwise asked to provide such information;
• the e-mail addresses of those who post comments, stories, photos, videos and other content on the Sites;
• the names and e-mail addresses of those who communicate with ExtremeElements by e-mail;
• information you provide to ExtremeElements in response to solicitations for photographs, ideas or stories for use on a Site and/or on air;
• information about your family or friends, including, but not limited to, the name, address, phone number(s), e-mail address, date of birth, nationality and gender of any family member or friend, that you provide in connection with your use of any Site or any feature thereof;
• information you provide about yourself, including, but not limited to your name, e-mail address, date of birth, nationality, gender and preferences, that you provide when you register; and
• information you provide about yourself when you post to any Site.
You can choose not to provide ExtremeElements with certain Personally Identifiable Information, but then you may not be able to take advantage of many features of the Sites, such as posting comments, registering to use certain restricted areas of the Sites, participating in ExtremeElements’s online community, participating in various promotional opportunities or receiving e-mail alerts or newsletters.
2. Automatic Information
ExtremeElements may receive and store certain types of information whenever you interact with ExtremeElements through the Sites. We automatically receive and record your browser information, operating system information, IP address, cookie information and the page you requested. This information will not be stored in a manner that is personally identifiable with you and may include the following:
(a) Aggregate Information
In connection with your visit to any of the Sites, ExtremeElements may automatically collect usage information, such as the numbers and frequency of users and their characteristics and information about similar groups of users, such as parents, certain age groups or users that live in a particular geographical area. This data is only used in the aggregate as a statistical measure and not in a manner that would identify you personally. Aggregate information generally is collected through the use of cookies.
(b) Cookies
ExtremeElements uses “cookies” to help you access and navigate the Sites more efficiently and to statistically monitor how many people are using the Sites. A “cookie” is a small file or tool stored on your hard drive containing information that allows ExtremeElements to deliver customized information to you. If you become a Registered User, ExtremeElements may use cookies to store your e-mail address, user name, preferences and password so that ExtremeElements can identify you when you return to the Sites, track your use of the Sites and customize the Sites for you. You may set your browser to notify you of or decline the receipt of cookies. Certain features of the Sites may not, however, function properly or be available if your browser is configured to disable cookies.
ExtremeElements uses both “session” and “persistent” cookies on the Sites. Session cookies are temporary bits of information that are erased once you exit your web browser or turn off your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of reasons, such as retrieving certain information you have previously provided (i.e., username and password), helping to determine what areas of the Sites you find most valuable and customizing the Sites based on your preferences on an ongoing basis.
Many companies offer programs that help you to visit web sites anonymously. While ExtremeElements will not be able to provide you with a personalized experience if ExtremeElements cannot recognize you, ExtremeElements wants you to be aware that these programs are available.
(c) Information Collected by Third Parties
ExtremeElements may allow third parties to display advertisements on the Sites. ExtremeElements and these third parties may use tracking technologies, such as cookies to collect information about users who view or interact with these advertisements and connect to the Sites.
(d) Ad Servers
ExtremeElements, its partners and/or advertisers may use third party ad servers to serve or present the ads that appear on the Sites and to conduct research about the advertisements. Any of these ad servers may collect non-personal information, such as your browser, operating system, date/time of viewing, IP address and clickstream data. ExtremeElements cannot control the activities of such advertisers or web sites. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH AD SERVERS. Below is a representative list of ad servers and a link to their privacy policies.
(e) E-mail Communications
When you send an e-mail to ExtremeElements, either through the button on a Site or otherwise, ExtremeElements may retain your e-mail address and the contents of the e-mail that you send. This Privacy Policy does not apply to content, business information, ideas, concepts or inventions that you send to ExtremeElements by e-mail. Please refer to ExtremeElements’s for ExtremeElements’s policy with respect to such information. If you want to keep the information in your e-mail(s) or posting(s) private or proprietary, please do not send such information in an e-mail or otherwise post such information to ExtremeElements. To help ExtremeElements make its e-mails more interesting and helpful, ExtremeElements also may receive a confirmation when you open an e-mail from ExtremeElements if your computer supports this type of program.
C. How ExtremeElements Uses Information
When you provide ExtremeElements with your Personally Identifiable Information, ExtremeElements may use it to manage ExtremeElements’s registry of Registered Users, facilitate communication between ExtremeElements and you and/or between Registered Users of the Sites, notify you of features or special events and provide you with other information ExtremeElements feels may be of interest to you. ExtremeElements also uses information collected to customize, analyze, adjust and improve the Sites to meet ExtremeElements’s users’ needs and expectations. ExtremeElements also may use the information to oversee adherence to ExtremeElements’s Terms of Use for each of the Sites to enforce ExtremeElements’s agreements with you, to prevent fraud and other prohibited or illegal activities and for other legally permissible purposes. These uses of your Personally Identifiable Information may include, without limitation, the following:
1. Public Areas
The Sites feature groups, discussions, member profiles, comment areas, blogs and similar areas where users can share information about themselves and their opinions, as well as post questions (“Public Areas”). Other visitors to the Sites may view information posted in Public Areas. Further, ExtremeElements may include all or a portion of the information posted in Public Areas in the newsletters described in this Privacy Policy. By using the Public Areas, you hereby acknowledge and agree that any information you share in a Public Area (including, without limitation, Personally Identifiable Information) is available to the public. Information you post to a Public Area may be viewed, accessed, or collected by, or disclosed to, third parties and may be used by others in ways neither you nor ExtremeElements are able to control or predict, including, without limitation, to contact you for unauthorized purposes.
2. Registered User Areas
If you have access to certain areas of the Sites because you are a Registered User (“Registered User Areas”), the Registered User Areas may contain groups, discussions, member profiles, comment areas, blogs and similar areas where Registered Users can share information about themselves and their opinions, as well as post questions. Information you post to a Registered User Area may be viewed, accessed, or collected by, or disclosed to, other Registered Users and may be used by other Registered Users in ways neither you nor ExtremeElements are able to control or predict, including, without limitation, disclosure of your information to the public or to contact you for unauthorized purposes. ExtremeElements uses the Personally Identifiable Information you provide when registering to become a Registered User to send you ExtremeElements publications, information about Registered User benefits and special offers, features included in the Registered User Areas and other information that ExtremeElements believes is relevant and useful to its Registered Users. By using the Registered User Areas, you hereby acknowledge and agree that any information you share in a Registered User Area (including, without limitation, Personally Identifiable Information) is available to other Registered Users and to ExtremeElements for use as provided herein.
3. Profiles
If you register to become a Registered User of any Site, the information that you provide to ExtremeElements may be stored in one or more profiles. These profiles, or a portion thereof, may be viewed by other visitors, including, but not limited to those who are not Registered Users of the Site.
4. E-Newsletters
If you register at any of the Sites, you may choose to receive a newsletter via e-mail from ExtremeElements which may include information such as highlights from different areas on any of the Sites and information about new features. You can unsubscribe from the newsletter at any time by clicking on the “Unsubscribe” link at the bottom of any e-mail newsletter sent to you and following the instructions. You also may unsubscribe at any time by logging in to the applicable Site where you created your profile and changing your preferences.
5. Aggregate Information
The aggregate information collected by ExtremeElements also is used to create profiles of the audience for the Sites that include anonymous statistical demographic information but no Personally Identifiable Information. This aggregated information is used to, among other things, determine trends and needs and supply market research to potential advertisers and partners to help them understand the Sites’ audiences. For example, ExtremeElements may create a report that tells advertisers that sixty percent of ExtremeElements’s Registered Users are males in a certain age range, so that they can determine which of their products or services are most appropriate for ExtremeElements’s Registered Users.
D. With Whom ExtremeElements Shares Information
ExtremeElements reserves the right to use your Personally Identifiable Information to send you periodic e-mailings with information on new products and services, updates to ExtremeElements’s Sites or upcoming events.
If you “opt in” to receive information about identified advertisers or their services or products, ExtremeElements may share your Personally Identifiable Information with them. If you have questions about how these companies use your Personally Identifiable Information, ExtremeElements encourages you to review and understand their respective privacy policies. You may at any time “opt out” of having your Personally Identifiable Information as part of ExtremeElements’s marketing mailing list or otherwise (see “Opting Out” below).
From time to time, in ExtremeElements’s sole discretion, ExtremeElements may use your Personally Identifiable Information to send you important administrative information regarding the Sites and related services or changes to ExtremeElements’s Terms and Policies. Because this information may be important to your use of the Sites and related services, you may not opt out of receiving such communications.
1. Fulfillment of Services
ExtremeElements may retain other companies and individuals to perform functions consistent with ExtremeElements’s Privacy Policy on ExtremeElements’s behalf. Examples include customer support specialists, web hosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and e-mail service providers.
2. Editorial Uses
ExtremeElements may use your Personally Identifiable Information in response to a solicitation for editorial, online and/or on-air purposes and for marketing and promotional purposes in connection with such solicitation. If such information is used online, on a mobile application or in a telecast, no Personally Identifiable Information, other than name, city and state, will be disclosed without your specific consent. ExtremeElements may share the information with producers of ExtremeElements’s programs and/or with others involved if you have explicitly advised ExtremeElements of your consent to be included in such an exchange.
3. Compliance with Law and Fraud Protection
ExtremeElements may disclose any information, including without limitation Personally Identifiable Information, that ExtremeElements deems necessary, in its sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. ExtremeElements also may exchange information, including without limitation Personally Identifiable Information, with other companies and organizations for credit fraud protection, risk reduction and related activities or to protect the rights, property of safety of ExtremeElements and its agents, employees or affiliates or others. ExtremeElements reserves the right to disclose a user’s Personally Identifiable Information if ExtremeElements believes the user is in violation of ExtremeElements’s Terms of Use, even without a subpoena, warrant or other court order.
4. Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of ExtremeElements or any Site, personal Information and/or other information collected about you from the Sites may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of ExtremeElements or any Site in order to permit the party to continue the operation of the applicable Site, including the Registered User Areas. Subject to your ability to opt-out, you consent to the sale and transfer of your information as described in this paragraph.
5. Accessing, Updating or Deleting your Personally Identifiable Information
If you are a Registered User and would like to review, update or delete your profile, please log in to and select the profile in which you would like to review, modify or delete information (i.e., the Personally Identifiable Information you have provided to us). ExtremeElements is not in a position at this time to provide you with a copy of information that you have provided in response to copies of communications you have sent to ExtremeElements’s site (e.g., inquiries).
6. Opting Out
ExtremeElements respects the privacy of your Personally Identifiable Information. If you tell ExtremeElements that you do not wish to have this information used as a basis for further contact with you, ExtremeElements will respect your wishes. You also may choose not to provide ExtremeElements with certain information, but that may result in you being unable to use certain features of the Sites.
You may instruct ExtremeElements to stop sending you certain promotional materials (e.g., e-mail messages, newsletters, postcards and letters) by following the unsubscribe instructions provided in those materials. ExtremeElements may, however, continue to contact you to provide service to your account. Please note that if you use more than one name or e-mail address when communicating with ExtremeElements or participating on the Sites, you may continue to receive communications from ExtremeElements to any name and/or e-mail address which you have not specified in your opt-out request.
ExtremeElements provides you with the following options for removing your Personally Identifiable Information from ExtremeElements’s database for marketing purposes:
1. You can send an email to mail (at) extremeelements.com; or
2. You can send mail to the following postal address:
Extreme Elements International, LLC
5380 Gulf of Mexico Drive
Suite 105 - PMB #177
Longboat Key, FL 34228
E. Important Disclosures, Practices and Contact Information
1. Third Party Links
The Sites contain links to third-party web sites. Please be aware that ExtremeElements cannot control and is not responsible for the information collection practices of such web sites, which may differ from those of ExtremeElements. ExtremeElements encourage you to review and understand the privacy policies of these web sites before providing any information to them.
2. Interactive Features
The Sites may make groups, discussions, forums and message boards available to users (see “Public Areas” described above). While you are required to register with the Sites to post in these areas, you are not required to provide any Personally Identifiable Information when using these areas but you may choose to do so. If you post Personally Identifiable Information online, it will be publicly available and you may receive unsolicited messages from other parties. ExtremeElements cannot ensure the security of any information that you choose to make public in a group, discussion, forum or message board. Also, ExtremeElements cannot ensure that parties who have access to such Personally Identifiable Information will respect your privacy. Please exercise caution when deciding to disclose Personally Identifiable Information in these areas.
3. Data Security
ExtremeElements maintains a variety of commercially reasonable physical, electronic and procedural safeguards designed to protect your Personally Identifiable Information from unauthorized access and disclosure. For example, ExtremeElements uses accepted tools and techniques to protect against unauthorized access to ExtremeElements’s systems. You should be aware that ExtremeElements has no control over the security of other sites on the Internet that you might visit or with which you might interact even when a link may appear to another site from one of the Sites.
ExtremeElements wants you to feel confident using the Sites but no system can be completely secure. Therefore, although ExtremeElements takes steps to secure your information, ExtremeElements does not promise, and you should not expect, that your personal information, searches or other communications will always remain secure. In the event of a breach of the confidentiality or security of your information, including your Personally Identifiable Information, ExtremeElements will notify you as necessary and if possible so you can take appropriate protective steps. ExtremeElements may notify you under such circumstances using the e-mail address(es) that ExtremeElements has on record for you and/or by regular mail (if available). You also should carefully handle and disclose your Personally Identifiable Information. Please refer to the Federal Trade Commission’s web site at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
4. Children
Each of the Sites is a general audience site and is not intended for children under 13. ExtremeElements requires that only persons 13 years of age or older use any of the Sites. By using the Sites, you hereby represent that you are at least 13 years old.
ExtremeElements does not knowingly market to, solicit information, accept service or collect information from children under the age of 13. In the future, the Sites may ask users for their birth dates to ensure that the Sites are not collecting information from children under age 13 or to identify when additional steps may need to be taken in connection with information collected from children under age 13. When a Site has actual knowledge that it collects information from children or offers a service directed toward children, it will comply with applicable laws, including the U.S. Children’s Online Privacy Protection Act.
5. Changes to this Privacy Policy
At any time without prior notice, ExtremeElements may update this Privacy Policy to reflect changes in ExtremeElements’s practices. When ExtremeElements posts changes to this Privacy Policy, ExtremeElements will revise the “Last Updated” date at the top of this page. If ExtremeElements makes any material change to this Privacy Policy, ExtremeElements will notify each Registered User by sending an e-mail to the e-mail address provided to ExtremeElements in a Registered User’s account, profile and/or registration and/or by prominently posting notice of the changes on the Sites. ExtremeElements will offer you the opportunity to opt-out of any materially changed Privacy Policy. ExtremeElements encourages you to bookmark this Privacy Policy and to periodically review it to inform yourself of changes to it or any of ExtremeElements’s other policies.
Any changes to ExtremeElements’s Privacy Policy will become effective upon ExtremeElements’s posting of the updated policy. Use of any of the Sites constitutes your acceptance of the terms of this Privacy Policy then in effect.
6. California Privacy Rights Under California Civil Code Section 1798.83
If you are a resident of California (“California Users”), in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from ExtremeElements regarding the manner in which ExtremeElements shares certain categories of Personally Identifiable Information with third parties for their direct marketing purposes.
Under the law, however, a business is not required to provide this information if it adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying California Users of their rights to prevent disclosure of personal information and providing a cost free means to exercise that right.
Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the 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 ExtremeElements has no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how it will handle your information.
Please note that ExtremeElements is only required to respond to one request per customer each year. ExtremeElements is not required to respond to requests made by means other than through the e-mail address provided under the Opting Out section.
7. Users From Outside the United States
By visiting any of ExtremeElements’s Sites, submitting information or using any of ExtremeElements’s products or services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and consent to having your data transferred to and processed in the United States. If you do not agree to this Privacy Policy, please do not use ExtremeElements’s Sites.
The Sites are controlled and operated by ExtremeElements from the United States. ExtremeElements does not represent or warrant that the Sites, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Sites and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. ExtremeElements may limit the availability of the Sites, in whole or in part, to any person, geographic area or jurisdiction that ExtremeElements chooses, at any time and in ExtremeElements’s sole discretion.
8. No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties.
9. Contacting ExtremeElements
If you have any questions about this Privacy Policy, the practices of ExtremeElements’s Sites or your dealings with us, please feel free to contact ExtremeElements at:
Extreme Elements International, LLC
5380 Gulf of Mexico Drive
Suite 105 - PMB #177
Longboat Key, FL 34228
Toll-Free: 866-787-WIND (9463)
Email: mail (at) extremeelements.com




