AVATAR REALITY, INC. PRIVACY POLICY

LAST REVISION: JUNE 1, 2009

Avatar Reality, Inc. ("Avatar Reality") is committed to respecting the privacy rights of our online visitors. To that end, this privacy policy ("Privacy Policy") sets forth what information is collected on the Avatar Reality website and within the Blue Mars™ networked virtual environment (collectively, the "Avatar Reality Services") as well as how that information is used, maintained, and, in some cases, shared with third parties.   This Privacy Policy also sets forth how to contact Avatar Reality should you have any privacy inquiries. 

BY USING OR ACCESSING THE AVATAR REALITY SERVICES, YOU ACCEPT AND AGREE TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

Information We Collect

When you access the Avatar Reality Services you provide us with two types of information: (1) personal information that you knowingly and voluntarily choose to disclose to Avatar Reality, (2) usage information that is automatically collected by Avatar Reality as you interact with the Avatar Reality Services.

(1) Personal Information

When you register for the Avatar Reality Services you may knowingly and voluntarily provide us with certain individually identifiable information, including but not limited to your name, company name, phone number, fax number, email address, and credit card or other billing account type, number, and expiration date.

(2) Usage Information

The Avatar Reality Services also employ cookies and similar technologies to collect and aggregate information about users, including but not limited to their IP address, the type of web browser used, web pages viewed, virtual world locations visited, and other users interacted with. We take measures to ensure that our cookies and other tracking technologies do not collect personally identifiable or sensitive information.   The aggregate information we collect is analyzed and may be combined with similar aggregate information of other users. You may be able to reject cookies or otherwise disable the collection of usage information, but doing so may negatively affect your ability to use some functions of the Avatar Reality Services.

Using Information We Collect

We use your name, company name, phone number, fax number, and email address for the purpose of communication with you regarding the Avatar Reality Services.  We use your name, company name, phone number, fax number, email address and credit card or other billing account type, number, and expiration date for the purpose of billing you for your use of the Avatar Reality Services.  We use the aggregate information we collect to help us understand and better respond to our users' needs.

Maintaining Information We Collect

Changing or Removing Information

When you use the Avatar Reality Services, we make good faith efforts to provide you with access to your personal information and either to correct such data at your request if it is inaccurate or delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.

Security

The security and confidentiality of your personal information is important to us and we will take reasonable security measures to protect it, including measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.  These security measures include, for example, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. If you have any questions about the security of your personal information on the Avatar Reality Services, please contact us at privacy@avatar-reality.com.

Sharing Information We Collect with Third Parties

We share your personal information with third parties only in limited circumstances where we believe such sharing is (1) legally required or done to comply with a request from a government agency, (2) done in order to provide and maintain the Avatar Reality services (3) done in conjunction with a corporate restructuring, (4) done to protect against fraud or other damage to Avatar Reality Services or to other users of Avatar Reality Services, or (5) otherwise permitted by you.  For example:

•    We may provide information to payment service providers when you conduct payment transactions through the Avatar Reality Services. The third-party service provider may retain your credit card or account information indefinitely in its database for future transactions, but will process such transactions consistent with applicable laws and regulations.  The third-party service provider's privacy policy will apply to data communicated during these transactions.  Our third-party service provider may provide your name, billing address, and credit card information, along with the amount to be charged, to the bank that processes your credit card for billing purposes.

•    We may provide information to service and content provider partners ("Partners") to help us provide and maintain the Avatar Reality Services. In connection with this, our Partners may have access to your personal information for a limited time. When we provide information to Partners, we implement reasonable contractual and technical protections limiting the use of that information to the Avatar Reality-specified purposes.

•    We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with the law, protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Avatar Reality Services or using the Avatar Reality name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.

•    If the corporate structure of Avatar Reality were to change, your user information may be transferred to a new entity. Should such a transfer occur, we will require that the new receiving entity follow this privacy policy with respect to your personal information absent prior notice by the new entity to you of a change in policy.

This policy in no way restricts or limits our collection and use of aggregate user information, which may be shared with third parties without your consent.

Communications Services

You may also choose to access Communications Services (as defined in the Terms of Service) that allow you to make information available to the Avatar Reality Services, including but not limited to open chat using in-world tools, posts to forums, and comments on blogs.  All users of Avatar Reality Services should be aware that information made available via the Communications Services is public.   We cannot control the actions of other users who will have access to this information, therefore, we cannot and do not guarantee that information you make public via the Communication Services will not be viewed by unauthorized persons. We may provide security measures that are designed to restrict access to certain portions of the Communication Services, such as private chat, restricted forums, or personal instant messaging, but we cannot be responsible for circumvention these security measures or for further distribution of any information you make available via the Communication Services by other users.   We may also provide you tools to edit and remove material made available via the Communications Services, but even after removal, copies of any information you post may remain viewable in cached, archived, and saved digital media.  You and you alone are responsible for any content that you choose to make available via the Communication Services.  

Transmission of Information to United States Servers

If you use the Avatar Reality Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely.  If you are in the European Economic Area, you should be aware that this may involve the transfer of information out of countries located in the European Economic Area and to the United States.  By accessing and using the Avatar Reality Services, you agree and consent to such transfer and processing of your data.

Links to Third Parties

The Avatar Reality Services may contain links to other services and websites.  Should you access other services and websites through these links, you may be providing information directly to the other services and websites. Avatar Reality is not responsible for the privacy practices of other services and websites. We encourage our users to read the privacy statements of each and every service and website that collects personal information; this Privacy Policy applies solely to information collected directly by Avatar Reality.

Notices and Revisions

Your use of the Avatar Reality Services, and any disputes arising from it, is subject to this Privacy Policy. We reserve the right to change this Privacy Policy at any time. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. By using or accessing the Avatar Reality Services following a change in this Privacy Policy, you accept the practices described in the revised Privacy Policy. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@avatar-reality.com. You may also contact us by mail at:

Avatar Reality Inc.

55 Merchant Street

Suite 1700
Honolulu, HI 96813