Chris was interested in me reviewing “Flixn”, and the results are below. As an aside, Chris started a new site called YouMakeMedia – check it out – it’s very young, but it’s off to a pretty good start. Also check out the Featured Video in the sidebar – it’s an interesting short flick.
My comments are embedded below, in red text (if you are reading this with an RSS reader, you may need to visit my site to see the colored text). As always, these are just my opinions – your mileage may vary.
(I think I need to find some type of rating system for Privacy Policies – like a Five-Star to One-Star system or something. It’ll be difficult determining fair metrics that apply across a variety of sites. I’ll have to think about that some more.)
Flixn, Inc. (“Flixn”) recognizes that its customers, visitors, users, and others who use flixn.com or other web sites owned or operated by Flixn (the “Flixn Sites”) (collectively or individually “Users”) value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Flixn Sites. Flixn provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Flixn Sites.
Please note that any video, image, or other content posted at the direction of Users onto the Flixn Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice. This is actually a huge problem – basically they are stating that anything you upload, or type on the site is considered to not have any personally identifiable information – as far as they are concerned. Basically this is their way of trying to remove ANY liability for maintaining your privacy.
The Information Flixn Collects
Cookies Information: When you visit the Flixn Sites or Flixn Hosted API, 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. Flixn may 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 web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Flixn Sites may not function properly if the ability to accept cookies is disabled. I really wish people would stop using this “may not function” line without providing details as to what specifically will not function.
Log File Information: When you use the Flixn Sites or Flixn Hosted API, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, 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, and one or more cookies that may uniquely identify your browser.
Clear GIFs Information: When you use the Flixn Sites or Flixn Hosted API, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients. DANGER! Clear GIFs are bad – and they are using them in email as well! This is clearly a case of the company spying on its users. If they are not trying to hide the fact they are spying, then why employ clear GIFs?
Any personal information or video content that you voluntarily disclose on the Flixn Sites becomes publicly available and can be collected and used by others. Any videos that you submit to the Flixn Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
We may use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Flixn Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
When Flixn Discloses Information
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Flixn Sites.
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
Third-party Advertisers, Links to Other Sites
Our Commitment To Data Security
Flixn makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that personally identifiable information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. And don’t forget – they may just decide to share the data with anyone in accordance with the When Flixn Discloses Information section above!
Our Commitment To Childrens’ Privacy
Protecting the privacy of young children is especially important. For that reason, Flixn does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Flixn Sites 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 the Flixn Sites at any time or in any manner. Of course they do absolutely nothing to prevent children from using the site – this is just here to cover their butt’s if they have an issue with someone under-age using the site.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that Flixn is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. Since they’ve already admitted they may do just about anything they damn well please with your data, this doesn’t mean much – but normally protections are in place for your data even in the event of a bankruptcy, etc.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified September 05, 2006.