FIRST CAST ENTERTAINMENT PRIVACY POLICY

 

1. General

This First Cast Entertainment Privacy Policy ("Privacy Policy") applies to the First Cast Entertainment, LLC ("FirstCast") website located at http://supportamericaunited.com (the "Website") which is owned and operated by FirstCast. FirstCast respects the privacy of its users whether they use the Website to: (a) email friends a link to the Website; (b) contact FirstCast to request additional information about USAA Presents "America United: In Support of Our Troops"; (c) submit their email address to receive email updates about the Website and USAA Presents "America United: In Support of Our Troops"; (d) email FirstCast if they are experiencing technical difficulties with the Website; (e) donate money to a general fund or sponsored charities; (f) submit a message of hope and key words to the message of hope tribute page; (g) email a friend a message of hope; (h) submit a photo and text to the military hall of fame; (i) email a friend their submission to the military hall of fame along with a message; (j) send a friend an email about the sweepstakes contest; (k) email a friend video clips; (l) participate in a sweepstakes; or (m) simply view the Website. The Privacy Policy is designed to inform you, as a user of the Website, about the types of information that FirstCast may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which FirstCast uses and discloses that information, and your rights in relation to that information.

A. The Entire Privacy Policy

This Privacy Policy, together with the Terms of Use Agreement located at http://supportamericaunited.com/terms_of_use.php, and the First Cast Entertainment DMCA Notice located at http://www.supportamericaunited.com/dcma.php, both of which are incorporated herein, constitute the entire agreement between you and FirstCast regarding your use of the Website, FirstCast's collection of information on the Website and FirstCast's use of such information. For the avoidance of doubt, in the event of a conflict between this Privacy Policy and the Terms of Use Agreement or other terms and conditions posted on the Website, the Terms of Use Agreement will control.

B. Changes to the Privacy Policy

Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, we ask that you regularly review this Privacy Policy, and each time you use the Website you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the site.

 

2. Children

 

The Website is not intended for children under 13 years of age. FirstCast does not knowingly collect personal information from children under 13.

 

3. Gathering, Use and Disclosure of Non-Personally-Identifying Information

A. Users of the Website Generally

"Non-Personally-Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.

"Personally-Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.

(i) Web browsers

Like most website operators, FirstCast gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user's Internet Protocol ("IP") address, the number of times a user visits the Website, accesses, operating system and browser type, screen resolution, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website.

(ii) Other Collection of Non-Personally-Identifying Information

FirstCast may also collect information about the amount of time a user spends on a particular Website Page.

(iii) Use of Non-Personally-Identifying Information

FirstCast analyzes Non-Personally-Identifying Information gathered from users of the Website to help FirstCast better understand how the Website is being used. By identifying patterns and trends in usage, FirstCast is able to better design the Website to improve users' experiences, both in terms of content and ease of use. From time to time, FirstCast may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.

B. Web Cookies

A "Web Cookie" is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the site. FirstCast uses Web Cookies to track unique visitors and the pages that users visit during each Website session, both to help FirstCast improve users' experiences and to help FirstCast understand how the Website is being used.

As with other Non-Personally-Identifying Information gathered from users of the Website, FirstCast analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help FirstCast, its partners and others better understand how the Website is being used. FirstCast does not attempt to link information gathered using Web Cookies to Personally-Identifying Information.

FIRSTCAST USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

C. Pixel Tags

In our emails to you, we may use "pixel tags" to determine if your email software or service can display html-formatted email (this helps FirstCast optimize the size of our email messages and conserve bandwidth).

 

4. Collection, Use and Disclosure of Personally-Identifying Information

A. Website Registration and Making Contributions to the Website

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person or entity. FirstCast collects a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by FirstCast about users is information provided by users themselves. For example, when users register with the Website, each user will provide their first name, last name, gender, password, email address, street address, city, state, zip code, telephone number and cell phone number. Each user may also provide additional Personally-Identifying Information to FirstCast in the text of an email he or she sends by means of the Website: (1) to FirstCast to request additional information about USAA Presents "America United: In Support of Our Troops"; (2) to FirstCast to report technical difficulties with the Website; (3) to a friend when a user sends a friend a message of hope; (4) to a friend when a user sends the friend the user's submission to the military hall of fame; or (5) to a friend when a user sends the friend an email about the sweepstakes contest or a link to a video clip. Each user may also provide Personally-Identifying Information to FirstCast when they submit a posting to the message of hope page or submit a photo and text to the military hall of fame page.

Users of the Website are under no obligation to provide FirstCast with Personally-Identifying Information of any kind, with the caveat that a user's refusal to do so may prevent the user from using certain Website features.

BY USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS "COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION" SECTION.

B. On-line Forums

As described above, certain Personally-Identifying Information collected from users is disclosed as a matter of course as a result of those users' use of the Website. Because of the international scope of the Internet, users around the world can view your postings on the Website. We expect that you will use caution and common sense when using the Website. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.

C. Making Submissions Anonymous

Users may make their submissions to the messages of hope tribute page and military hall of fame page anonymous by clicking to check the box to indicate that you want to make your submission anonymous. If you check the box to make your submission to the messages of hope page anonymous, then your name, city of residence and state of residence will not be posted along with your message. If you check the box to make your submission to the military hall of fame page anonymous, then your first name and first initial of your last name will not be posted along with your posting. Once you submit a message to the messages of hope tribute page or the military hall of fame page, you cannot then go back and change whether the message is anonymous or public.

D. DMCA Infringement Notifications, Notices of Violations of Website Terms of Service and Other Communications Directed to FirstCast

By submitting a Copyright Infringement Notification or other communication (including communications about content stored on or transmitted through the Website) to FirstCast, you consent to have such communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For Notices of Violations of Website Terms of Service or other communications (but not DMCA Infringement Notifications), upon request FirstCast will edit out your name and contact information. However, DMCA Infringement Notifications (including any Personally-Identifying Information set forth in the Notifications) will be forwarded as submitted to FirstCast without any deletions.

E. Our Security Measures

FirstCast takes reasonable precautions to protect the security of users' Personally-Identifying Information. FirstCast has physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. Therefore, while FirstCast uses reasonable efforts to protect your Personally-Identifying Information, FirstCast cannot guarantee its absolute security.

F. Information Security Policy

In the event of a security breach, FirstCast will notify you at the most current email address that you have provided to us. It is therefore extremely important that you update us if you change email addresses and that you make sure that we consistently have the most current email address for you on file. Unless a different time period is mandated by the laws of the state in which you live, any security breach notice will be sent to you in the most expedient time possible following our discovery or notice of a security breach, and without unreasonable delay, subject to any determination by a law enforcement agency that notice would impede a criminal investigation, in which case the notice will be sent once the agency determines that notice will not compromise the investigation. If you would prefer to receive a security breach notice by U.S. mail, advise us of that fact by writing us at: First Cast Entertainment, Post Office Box 13343
Gainesville, FL 32604 Attn: Information Security Policy Enforcement.

G. Surveys

From time to time, FirstCast may also ask Website users to participate in surveys designed to help FirstCast improve the Website. Any Personally-Identifying Information provided to FirstCast in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in Non-Personally-Identifying form.

H. Website Updates

If users submit their email addresses to receive updates about the site, FirstCast will email users about changes to the Website. If a user wishes to opt-out of receiving such emails at any time after signing up for the Website update service, they may do so by sending FirstCast an email at InfoAmericaUnited@gmail.com.

 

I. Email to Friends Feature

If you choose to use our invitation service to tell a friend about this Website or any of the features, programs or postings on the website (including without limitation the sweepstakes program, any materials you submit to the military hall of fame and any messages on the messages of hope tribute page), we will ask you for your name and email address, and your friend's name and email address. We will automatically send your friend a one-time email from your email address inviting him or her to visit the site. If your friend replies to this email, the response will be sent to your email address. FirstCast stores your friend's name and email address only for the purposes of sending this one-time email. Your friend may contact us at InfoAmericaUnited@gmail.com to request that we remove this information from our database.

 

J. Other Disclosures

As described in the previous sections titled "Collection, Use and Disclosure of Personally-Identifying Information," users may, at their option, disclose their own Personally-Identifying Information by any means they choose, including without limitation through submitting photo descriptions and making contributions to forums. FirstCast, will disclose Personally-Identifying Information to FirstCast employees, contractors, affiliates, partners, vendors and suppliers who process Personally-Identifying Information on FirstCast's behalf or participate with FirstCast in the provision or operation of the Website or the services provided by means of the Website. FirstCast also will disclose Personally-Identifying Information under the following circumstances:

• By Law or to Protect Rights - FirstCast discloses Personally-Identifying Information: (1) when required to do so by law, or in response to a subpoena or court order; (2) when FirstCast believes in its sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or rights of FirstCast, other users, third parties or the public at large; (3) if FirstCast believes that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; and (4) to comply with FirstCast's policies.
• Marketing Communications - If users opt-in to receive FirstCast and third party marketing materials upon registration, FirstCast will email users about products and services that FirstCast believes may be of interest to them. FirstCast also will provide users' email information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of having their email information provided to third parties at any time after registration, they may do so by sending FirstCast an email at InfoAmericaUnited@gmail.com. Even after opting-out, a user may continue to receive marketing emails from third parties to whom FirstCast already has provided the user's email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
• Business Transfers; Bankruptcy - FirstCast reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of FirstCast's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and affirmatively opt-in to accept it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

 

5. Collection and Use of Information by Third Parties

A. Generally

Third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that users directly provide to those third parties or that those third parties collect for themselves. FirstCast neither owns nor controls the third-party websites accessible through the Website. FirstCast does not own or control Dowd Agency. Thus, this Privacy Policy does not apply to information contained in press inquiries submitted to Jim Dowd of the Dowd Agency or information provided to third party sites or gathered by the third parties that operate them. Before visiting or contacting a third-party site or service, whether by means of a link on the Website or otherwise, and before providing any Personally-Identifying Information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party, and, if appropriate, should take steps necessary to protect their privacy pursuant to such policies.

B. Links, Advertisers and Third Parties

Some parts of the Website may link to the websites of unrelated third party companies that offer you the option to share your personal information with them. FirstCast will not share your personally identifiable information with those third party companies or with the Dowd Agency. It will only be shared if you choose to provide it to those third party companies.

Links to third party websites and the contact information for the Dowd Agency are provided as a convenience to you. FirstCast does not control the Dowd Agency or those sites or their privacy practices, which may differ from ours. FirstCast does not endorse or make any representations about any third parties or third party sites that may be accessible through the Website. FirstCast encourages you to review the privacy policy of any other website before submitting your personal information. The personal data you choose to give to unrelated third parties is covered by their privacy policies, not the FirstCast Privacy Policy. Some third party companies may choose to share their personal data with FirstCast; that sharing is governed by that third party company's privacy policy.

 

6. Privacy Policy Changes

FirstCast may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to FirstCast's Privacy Policy will also be reflected on this page. Unless FirstCast obtains your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. FirstCast encourages visitors to frequently check this page for any changes to its Privacy Policy.

7. Contact Us

If you wish to contact FirstCast, please contact us at: 718-928-2332 or InfoAmericaUnited@gmail.com.

This policy is effective as of and was last updated on September 5, 2008.