MOTAH.US PRIVACY AND INFORMATION SECURITY POLICY

Effective Date: February 9, 2009

Your privacy is important to Motah, LLC (“Motah”, “we” or “us”). This Privacy and Information Security Policy (the “Policy”) discusses the information that we collect about you when you use our website at http://www.motah.us (the “Site”) and the services we provide on or through the Site (together with the Site, the “Service”). This Policy is part of and is incorporated into the Motah Terms of Use (collectively, the “Terms”), which are available at http://www.motah.us/terms_conditions.html. 

PART A: INTRODUCTION.
  1. IMPORTANT NOTE ABOUT CONSENT. If you are under age 13, Parts A, B and C of this Policy apply to you and Motah needs written consent from your parent or guardian (your “Parent”) before you can use certain features of the Service.  Directions on how to provide your Parent’s consent are in Part B below.  Read this Policy and have your Parent read it if too.  If you are age 13 or older, Part B does not apply to you, but Parts A and C do apply to you.
  2. Note to Parents.  If you are the parent of a child under age 13, read this Policy with the understanding that “you” means your child, unless the context requires otherwise.
  3. Personal Information.  In this Policy, your “Personal Information” means information that makes it possible to identify you, such as a (i) your first and last name; (ii) your home or other physical address, including street name and name of city or town; (iii) your telephone number or social security number, (iv) your email address or other online contact information (such as an instant messaging user identifier or screen name) that reveals your email address, (v) an identifier such as a customer number held in a cookie or a processor serial number, if the identifier is associated with your individually identifiable information, or a combination of your last name or photograph with other information, if the combination makes it possible for someone to contact you online or in person, or (vi) if you are child, information concerning you or your Parent that we collect online from you and combine with an identifier described in this definition.
  4. Non-Personal Information.  In this Policy, “Non-Personal Information” means information other than your or another person’s Personal Information.
  5. Agreement.  BY PROVIDING PERSONAL INFORMATION OR OTHER INFORMATION TO US OR BY USING OUR SERVICE, YOU AGREE TO THIS POLICY AND THE PRACTICES DESCRIBED IN THE POLICY.  IF YOU ARE UNDER AGE 13, ADDITIONAL REQUIREMENTS APPLY.

    6. PART B: FOR CHILDREN UNDER 13 AND THEIR PARENTS.  (If you are age 13 or over, you can click HERE to skip to Part C.)

  6. Your Parent’s Consent and Rights.  If you are under the age of 13, you may create a Motah user account (an “Account”) and may make Submissions (as defined in the Terms) only after Motah has received parental consent in accordance with this Section 6.  If you try to make a Submission before we receive your Parent’s consent, we will discard your Submission immediately.
    1. Right to Prevent Third Party Access to Personal Information.  Your Parent can either consent to collection and use of your Personal Information in all the ways described in this Policy, or to collection and use of your Personal Information only by Motah, with no consent to the disclosure of your Personal Information to third parties.  Motah does not and has no plans to disclose your Personal Information to third parties except for the limited purposes described in Section 11 below.  If your Parent has given consent and we change this Policy to allow for other disclosures, we will notify your Parent and give your Parent the opportunity the opportunity to opt-out from consent to such additional disclosures to third parties.
    2. Obtaining Parental Consent.  Your Parent can give us the necessary verifiable consent by completing the consent form online here, and submitting the form along with the $20.00 VIP Member fee payable by credit card.

      3. We will send you and your Parent an email to confirm that we have received your Parent’s consent and that you can set up your Motah Account.

    3. Parental Access to Collected Personal Information and Right of Deletion.  Your Parent can review the Personal Information you have provided to Motah by means of the Site, may ask us to delete it, and may withdraw consent to our using or collecting your Personal Information by means of the Site at any time.  To request such a review, please send an e-mail stating the request and containing your name and your Parent’s name to motah@motah.us.
  7. COPPA.
    1. Intent to Comply with COPPA Provisions.  It is the intent of Motah to comply at all times with the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501-6508, as amended, and the Federal Trade Commission’s Children’s Online Privacy Protection Rule (the “Rule”), 16 C.F.R. Part 312, as amended.  Motah reserves the right to amend the Terms and this Policy at any time without prior notice to you to make changes required by amendments to COPPA or the Rule (although we will strive to provide notice of such changes as soon as possible after they are made).
    2. Names of Operators.  Motah is the only “operator” or entity that will collect or keep your Personal Information through the Service or have access to your Personal Information.  Motah’s contact information is as follows: Motah, LLC, 11703 Huebner Road, Suite 106-210, San Antonio, Texas 78230, San Antonio, Texas motah@motah.us.  In the event that other “operators” or entities will have access to your Personal Information (including, without limitation, those described in Section 11), their names and contact information will be added here motah@motah.us.

    PART C: FOR ALL VISITORS AND USERS OF THE SITE.

  8. Collection of Personal Information; Types of Information Collected.  When you create an Account, we ask you for the following information: first name, age, gender, state of residence, e-mail address, and (if you are under the age of 13) your Parent’s e-mail address.  We also ask you to create your own user name and password.  To protect your identity, your user name should not contain any of your Personal Information.  Later we may also ask for the following: last name, street address (including zip code) and phone number.  You may access and update certain of your Personal Information or account settings by going to your Account.   We cannot and do not condition creating an Account, uploading Submissions (as defined in the Terms) or participating in other Motah activities on your providing more Personal Information than is reasonably necessary for that activity.  We also collect any information you enter on the Service or give to us in any other way (such as through a Submission or an email, survey, or letter)..
  9. Other Information Collection.
    1. Cookies.  Like many websites, we use “cookies.”  Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser.  Our cookies do not collect Personal Information that you provide to us during the registration process, but they do collect Non-Personal Information such as the following:
      1. the domain name and host from which you access the Internet and the Internet address of the site from which you direct-linked to ours;
      2. the date and time you access the Site and pages you visit;
      3. your computer's IP address and information about its operating system, platform and the Web browser type and version you use;
      4. demographic and other Non-Personal Information about you; and
      5. information to combat fraud or misuse.

      We use persistent, identifying cookies to remember your information and to link your activities to you.  While you can take steps to warn off, block or disable cookies, if you do, the Service may not function and appear as we have designed it.  Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your browser. 

    2. Pixel Tags.  In our email to you, we may use “pixel tags” to determine if your email software or service can display html-formatted email (this helps us optimize the size of our email messages and conserve bandwidth).
    3. Collection of Information by Third Parties.  Our Site may include third-party advertising, links to other websites, and other content from third party businesses.  The content posted by these parties will be reasonably identifiable as coming from a third party.  We do not provide any Personal Information to these advertisers, third-party websites, or other businesses, although on occasion we may mutually share non-personally identifiable (e.g., demographic) information to facilitate delivery of relevant advertisements.  These third-party websites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use technology to deliver (or “serve”) the advertisements that appear on our Site directly to your browser.  They automatically receive your IP address when this happens.  They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize or optimize advertising content.  We do not have access to or control over cookies or other technologies that they may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Policy but are covered by their respective privacy policies.  Some, but not all, third party advertising companies provide a mechanism to opt-out of their technology.  For more information and an identification of advertisers that provide an opt-out mechanism, please click here.  
    4. Promotions, Sweepstakes, and Contests.  From time to time, we may host a promotion, sweepstakes, or contest on the Service.  We will make it clear if the promotion, sweepstakes or contest is sponsored by a third party, and that if the third party intends to collect Personal Information from you, that the third party’s privacy policy applies.  We will not transfer your Personal Information to the third party.  It is up to you to decide whether you want to provide Personal Information to the third party under that third party’s privacy policy. 
  10. Motah Use and Retention of Your Information.
    1. Use of Non-Personal Information When Displaying Submissions; Intent Not to Use Personal Information.  When posting your Submissions on the Site, Motah may post or display your first name or user name, age, state of residence and picture alongside your Submissions.  Motah will not use your last name, address, telephone number, or other such information together with your first name or user name, age, state of residence or picture in any media in a way that makes it reasonably possible for a third party to identify you specifically.
    2. Use of Personal Information.  Motah may use your Personal Information, such as your email or street address or your telephone number to contact you to notify you of changes to the Service or to find out if you are interested in participating in Motah activities such as filming segments that Motah may use on the Site or elsewhere.  We also use your Personal Information for purposes such as responding to your requests, monitoring and providing the Service, maintaining your Motah account, providing you with content that we believe would be of interest to you, enforcing our rights and the rights of third parties, and investigating and ensuring compliance with the Terms.  We also may use your Personal Information to contact you regarding your account, such as to inform you that you have received an email from another Motah member, or to forward user comments to you about Submissions of yours that have been posted on the Site.  We may also email Motah newsletters, and similar communications about the Service.
    3. Opting-Out.  You may modify the types of communications you wish to receive by changing your preferences as part of your profile on the Site.  In addition, in our marketing or promotional e-mails to you, we will generally include instructions on how to unsubscribe and/or inform us of your preferences if you do not want to receive any marketing or promotional e-mails from us.  You agree that we may send you customary business communications such as acceptance/rejection notices regarding Submissions, general system and administrative messages regarding the Service, address confirmations, and transactional information about your account, and you may not have the opportunity to opt-out of receiving such communications so long as you are registered with the Site.
    4. Use of Other Information.  We may use Non-Personal Information about our users for purposes such as measuring the number of visitors to sections of our Site, making the Service more useful to visitors and delivering targeted advertising and non-advertising content.  We may use IP addresses to analyze trends, administer the Site, track a user's movement, and gather demographic information for aggregate, non-personally identifiable use.
    5. Retention of Information.  We retain Personal Information for as long as required, allowed or we believe it useful, but do not promise to retain it for any particular amount of time.  We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information.  You must keep your own, separate back-up records.
  11. Motah Sharing of Information.  Motah may share information with third parties, but only as described in this Section 11 or if authorized by you.
    1. Advertisers and Others. We may share Non-Personal Information with advertisers, service providers, and other persons with whom we conduct business.  Similarly, these advertisers, service providers, and other persons may share with us Non-Personal Information about you that they have independently gathered or acquired.
    2. Third Party Services.  We may contract with affiliated and non-affiliated third parties to provide services to us or to you on our behalf.  Examples include providing marketing assistance and customer service, sending Motah emails to you, removing repetitive information from customer lists, and analyzing data.  These third parties may have access to your Personal Information for use solely in connection with these authorized business activities.  We contractually require that our operations and maintenance contractors protect the privacy of your Personal Information no less than as required under this Policy.
    3. Business Transfer.  As we develop our business, we might sell or buy businesses or their assets, or engage in acquisitions, mergers, restructurings, changes of control, or similar transactions.  In such transactions, customer information generally is one of the transferred business assets, and your Personal Information may be subject to such a transfer.  Also, in the unlikely event of a bankruptcy, customer information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
    4. Affiliates.  We may share Personal Information, non-Personal Information and other information with our corporate affiliates.  Corporate affiliates are those entities that we control, are controlled by us, or are under common control with us and any joint venture in which any of the controlled entities may participate from time to time.  Any use of your information by our corporate affiliates is subject to this Policy or another policy no less protective of your privacy.  Conversely, we may obtain information about you from our corporate affiliates or from your visits to other websites that we or our corporate affiliates control.
    5. Compliance and Safety.  We may release user information when we believe release is appropriate to:
      1. comply with applicable law, and to respond to legal process, including subpoenas, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement;
      2. make disclosures under programs intended to prevent potential crimes or investigate persons;
      3. enforce or apply agreements, including the Terms; or
      4. protect the rights, property, or safety of Motah, our users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
  12. Information Security.
    1. Your Obligations.  You must protect against unauthorized access to your password and to your computer.  Please sign off when finished using a shared computer.  Your emails to us are not necessarily secure against interception so do not include sensitive information in them.  We generally will not ask for passwords in an email and you should assume that if you get such a request, it might be fraudulent.  YOU MUST DO WHAT YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.
    2. Our Security Measures.  We take reasonable precautions to protect the security of our users' information.  We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access to, maintain data security for, and correctly use your information.  These procedures include the use in appropriate circumstances of secure socket layer (SSL) encryption technology and computer server firewalls.  However, neither people nor security systems are foolproof, including encryption systems.  Therefore, while we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.
  13. Links.  The Service contains links to other sites.  We are not responsible for the privacy practices of such other sites.  We encourage you to be aware when you leave our Site and to read the privacy statements of every web site that collects your personal information.  This Policy applies only to information collected by the Service.
  14. Conditions of Use, Notices and Revisions.
    1. Privacy Concerns.  Your use of the Service and any dispute over privacy is subject to the Terms.  If you have any concern about privacy at Motah, please send us a thorough description through our “Contact Us” web page located at www.motah.us/contactus, and we will try to resolve it. If you think we are in default of the Terms, you may contact us at our Legal Notices Address in Section 15 below.
    2. Notice Required by Law.  In those jurisdictions that permit email notice, if we are required to disclose or provide notice of invasion of certain security systems, we will do so by email to the most current email address provided by you to us.  It is critical that you keep your email contact information correct and updated with Motah at all times.
    3. Identity Theft. If you believe that you are a victim of identity theft entitled by law to request information from us, write us at our Legal Notices address in Section 15 below and we will let you know what additional information you must provide to us.  After we have received that information, we will supply without charge the information legally required to be disclosed that we then have, subject to applicable law and reserving all of our rights and defenses.
    4. Revisions.  We reserve the right to change our Policy at any time due to changes in the law, the Service, technology and industry practices, or for any other reason.  Non-material changes and clarifications will take effect immediately.  If we make non-material changes, we will indicate at the top of this page the revised Policy's new effective date.  If we make material changes, we will notify you at the address you provided to us and through notice on the home page of the Site, and will notify you of the date the changes will be effective, which will be at least 30 days after the date of the notice.  During that time, the current Policy will be effective, but this page will indicate that the Policy is being changed and will indicate the effective date of the change.  We encourage you to refer to this Policy at least every 30 days to check for material changes to this Policy.  It is critical that you keep your email address information correct at all times.
  15. Contact Information and Information about Enforcement of Our Policy.  For customer service matters (including questions relating to this Policy), you may reach us through our “Contact Us” web page located at www.motah.us/contactus. To send us a legal notice, mail it by certified mail (return receipt requested) to: Motah Legal Department, 11703 Huebner Road, Suite 106-210, San Antonio, Texas 78230.  When we need to contact you, including when we give a legal notice, we may do so to an email address that we have on file for you, or we may post notice on the Site, unless a different form of contact is required by law.  Additional notice requirements may apply if you are under age 13.  You must keep your email address information accurate.