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ProximityCast.com Privacy Policy

ProximityCast.com is an online Location Technology Service application designed to make GPS (Global Positioning System) technology useful and practical for the average person on the street. ProximityCast.com provides users with the ability to locate business establishments of the category they may desire that are closest to their CIP (Cast Initiation Point). Once the closest establishments contained in the ProximityCast.com database are returned the user can view an image of each establishment, read existing reviews about each establishment, and be provided with the waypoint from which the picture of each establishment was taken all before arrival providing a déjà vu experience that enhances decision making.

By using ProximityCast.com, you allow the collection and use of your personal information as outlined below in ProximityCast.com’s Privacy Policy. ProximityCast.com reserves the right to change this document without notice as needed. You should visit this page periodically to review any changes to the Privacy Policy.

I. Information Collected by ProximityCast.com

The basic core services of ProximityCast.com are accessible without registration and/or logging in for those that are registered. For those not registered or logged in ProximityCast.com collects the IP address, pages viewed, CIP from which proximity casts are made, requested URL, referring URL, and timestamp data in order to know how the site is being utilized and for enhancement planning. ProximityCast.com reserves the right to use this data as it sees fit.

Extended services and benefits of ProximityCast.com require user registration. The information collected during registration is: First Name, Last Name, Country of domicile, email address, Username, and acknowledge of agreement with the Terms of Service and Privacy Policy.

Registered users are provided a preference page where they can upload a profile image, select a preferred language (Note: language choices may or may not be implemented.) , select the hemisphere of primary operations, select the preferred coordinate mode, and select whether or not the user wishes to receive email notices from ProximityCast. (Note: this refers to mass mailings of items ProximityCast.com determines may be of use or interest to its registered users. ProximityCast.com at anytime it deems necessary for what ever reason may select a specific registered user for contact in the conduct of ProximityCast.com business.).

Photo contributors are provided with an opportunity page when implemented where additional information is collected to enable them to take advantage of the opportunities presented. A separate Privacy Policy is presented on this page covering data collected and its use.

Business Establishments are offered an annual membership that allows them to maximize their business establishment’s portrayal on ProximityCast.com. A separate Privacy Policy is provided on the Business Establishment registration page when implemented that covers the data collected and its use.

II. How ProximityCast.com uses Information Collected

This information, except as noted below, is used solely for ProximityCast.com purposes and is not sold or given to any parties not connected with ProximityCast.com.

Registered users are allowed to upload establishment images that follow ProximityCast.com’s Photo Guidelines. Each image is associated with location information. Depending on the method used to provide this location information it is possible to accidentally or on purpose interject errors. A user who submits photos will be provided an accuracy rating that may or may not be displayed along with images submitted by the user. This will allow users of ProximityCast.com to experience a confidence conviction with any given establishment they wish to locate. Users who submit photos should attempt to be as accurate as possible with the corresponding location data. Users who consistently submit poor data and earn a low accuracy rating may be blocked from making subsequent submissions.

Registered users are allowed to flag images in the data base as: Out of Business, Location Moved, Inaccurate Coordinates (location), and Inappropriate Picture. Whenever any of the above flags are implemented the registered user who executed that flagging operation is identified with that operation. This information is collected to discourage vandalism and encourage accuracy. These features provide a very useful function for ProximityCast.com users since new businesses open and old businesses go out of business all the time. While someone may be inconvenienced by being the first to travel to an establishment that is no longer in business, has moved, or the photo submitter provided inaccurate location information; participation in the community is encouraged to make ProximityCast.com an overall positive experience for all users. Users also earn an accuracy rating for these operations. This will allow users of ProximityCast.com to experience a confidence conviction with any given establishment that has been flagged.

Registered users may submit reviews of business establishments they have visited. Each review will be associated with the submitter to discourage malicious abuse and outright dishonesty. It should be noted that reviews may reflect factual information the reviewer experienced, subjected information based on our personal likes and dislikes, and information that is simply the reviewer’s opinion. Reviews that portray some negativity can be useful to establishment owners and managers providing them with feedback that can make them aware of problems that need to be addressed. Positive and negative reviews also serve the users of ProximityCast.com. Reviews that are mean spirited are discouraged and may be removed without notice. Review submitters are cautioned against writing anything that may be considered libelous and/or slanderous, threatening or otherwise illegal. While ProximityCast.com is interested in protecting your privacy it is the policy of ProximityCast.com to cooperate with law enforcement personnel on issues that breach the law. ProximityCast.com links all reviews with your username which is displayed with your review. You are responsible for all other information included in a review and acknowledge that once submitted it has been made public.

Establishment Images combined with the Latitude and Longitude of the geographic location the image was taken form the raison d’être for ProximityCast.com. These images are meant for public consumption and are required to follow ProximityCast.com’s Photo Guidelines. Images that do not follow the Photo Guidelines may be deleted without notice by ProximityCast.com. Registered users may flag any submitted image as an Inappropriate Picture. Once an image is flagged as inappropriate it is placed in a cyber limbo where it will not be displayed in any Cast Results or any photo viewing utility for users. At the convenience of the staff of ProximityCast.com images flagged as inappropriate will be viewed in an administrative image viewer. If it is obvious the image violates the Photo Guidelines it may be deleted or if the picture is obviously criminal in nature: e.g. child pornography, murder scene etc. it may be passed to the appropriate law enforcement agency at the sole discretion of ProximityCast.com based on their legal counsel recommendations. Pictures deemed as not violating the Photo Guidelines will have their Inappropriate Picture status removed and returned to the database for public viewing. ProximityCast.com reserves the right to be the final authority on all image judgment issues and may or may not use the opinion of outside entities. ProximityCast.com identifies the submitter of each image. It is important to safeguard your password and if you use a public computer you should completely close out the browser you are utilizing to access ProximityCast.com before you leave the computer unattended.

III. Transfer of Information

As stated above: Establishment Images combined with the Latitude and Longitude of the geographic location the image was taken form the raison d’être for ProximityCast.com. The registered user submitting establishment images should be the legal owner or operating on behalf of the legal owner of any image submitted to ProximityCast.com. As the legal owner you retain copyright of the images you submit to ProximityCast.com and the ability to delete said images. The information required by the Photo Guidelines must be on all images submitted specifically the Latitude and Longitude in a legible format. You may choose to additionally include a signature identifying your work and your personal photography website if so desired. By placing the additional information on your photo submissions you acknowledge that you are making this information available to the public. Submitting images with the Latitude and Longitude of where they were taken implies that the image was meant for ProximityCast.com’s use. ProximityCast.com further reserves the right to watermark all submitted images with a “ProximityCast.com” watermark further identifying the image as meant for ProximityCast.com’s use. By submitting an establishment image to ProximityCast.com you grant ProximityCast.com the right to use your submitted images for display anywhere on the ProximityCast.com website. While you retain the copyright of your images you further grant ProximityCast.com the right to sell and/or license third parties the use of your images on their websites, devices, or software. You acknowledge that there is no promise implied or expressed of any reward monetary or otherwise for your images being used elsewhere other than you being identified as the creator of said image by any identifying marks as mentioned above you may choose to include on your image. ProximityCast.com may also at its sole discretion provide the means to download sets of establishment images that can be uploaded on users’ personal devices for their own personal non commercial use. By no means may any entity use the images provided to ProximityCast.com for any commercial endeavors where express permission has not been obtained before hand from ProximityCast.com. Individuals are not authorized to upload ProximityCast.com establishment images to any other website or services without the express permission of ProximityCast.com, and where appropriate the permission of the submitter of the image. Users are authorized to utilize ProximityCast.com establishment images on their personal devices for their personal use.

Social Networking Sites: Users are encouraged to use ProximityCast pictures in messages to friends and acquaintances on social networking sites. Anyone who contributes images to ProximityCast.com may have the same images used on social networking sites by other users. This gives ProximityCast.com more visibility and can have the useful effect of helping to spread the word about the site where more people will contribute more establishments which will make ProximityCast.com more useful to all of us. You are encouraged to read the terms on these sites to see how your images may be used by them. Photo contributors are able to select whether or not they wish to authorize the use of their images by others on Social Networking sites. If a photo contributor authorizes the use on Social Networking sites by others an "Authorized for Social Sharing" button appears on the Establishment Details page for Images whose sharing has been authorized. This is the only approved means to get a link to share. Although links may be acquired by other means, if this button is not present when the image in question is viewed on the Establishment Details page sharing the link is not authorized and can submit the violator to legal consequences the copyright holder may wish to yield. Photo contributors who encounter problems with their images being used against their wishes may email admin@ProximityCast.com so that we can implement a hotlinking block on their images. Note this block will also prohibit the hotlinking of your own images from ProximityCast.com if you have selected that option. ProximityCast.com's responsibility for dealing with violators of hotlinking authorization does not extend beyond placing the block on the complaining contributors photo directory. This does not preclude ProximityCast.com from the prerogative of taking further action should it choose to or deem necessary.

Only images of small size and low resolution suitable only for website and device use can be uploaded to ProximityCast.com. ProximityCast.com accepts images taken with all manner of devices; e.g. cell phone cameras, film cameras with images scanned, to professional cameras. ProximityCast.com may implement a feature that presents select images of a size suitable for printing for sale by the image copyright holder. In such cases ProximityCast.com will only act as a middle man where the sale can be initiated and funds handled until the successful conclusion of the transaction. The image copyright holder, also known as seller, will be responsible for providing the image to the buyer in the format negotiated. ProximityCast.com may at its sole discretion provide this service for its image providers free of charge or for a nominal fee as deemed necessary to cover ProximityCast.com’s efforts. Likewise some communities may wish to establish an annual yearbook of their business establishments, and ProximityCast.com will at its sole discretion act as a broker for these efforts between image providers that retain images of a size suitable for printing.

Except as set forth in this Privacy Policy, ProximityCast.com does not sell, rent, share, trade, or give away any of your personal information. ProximityCast.com will disclose information about individual users to governmental or judicial authorities or law enforcement agencies, or to other individuals or entities in response to subpoenas, court orders, or other legal processes. Information may be shared in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of this Privacy Policy.

ProximityCast.com reserves the right to transfer your personal information in the event of a transfer of ownership of ProximityCast.com, should an acquisition by or a merger with another entity take place. ProximityCast.com may or may not notify you before such transaction occurs.

IV. Links

ProximityCast.com may contain links to third party websites that has no affiliation with ProximityCast.com. ProximityCast.com allows business establishments that acquire a business establishment membership to place a link of their choosing to sites not controlled by ProximityCast.com on the Establishment Detail page associated with their Business Establishment. ProximityCast.com has no control over the content of such links with the exception that if a Business Establishment obviously links to an inappropriate site in violation of their membership agreement any user may contact ProximityCast.com through the ombudsman@proximitycast.com email link to alert ProximityCast.com about the inappropriate link. ProximityCast.com will attempt to handle the issue in a timely manner. ProximityCast.com has no control over links on third party websites and such matters should be addressed with the owners of said websites should anyone feel the necessity.

V. Use of Cookies

A cookie is a small text a file that reside on a user’s computer and either identify you as a unique user or is used to pass data between pages in some cases. When you login to ProximityCast.com a cookie is set that contains your username and lets a page know if the user is logged in or not. This allows the enabling of privileges that only registered users have. Most websites utilize cookies. ProximityCast.com uses cookies to provide added benefit. If you do not want information collected through the use of cookies, most browsers will allow you to disable the acceptance of cookies or be notified anytime a site attempts to set a cookie allowing you control of accepting or denying any given cookie. You should note that denying a cookie to be set could prevent you from experiencing the full features of a site.

VI. Security

ProximityCast.com takes measures to safeguard your information, however technology constantly evolves and there are many possibilities for compromised data for anyone who utilizes the internet. You hereby acknowledge that ProximityCast.com is not responsible for any intercepted information sent via the Internet, and you hereby release ProximityCast.com from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner. Registered users who wish to close their account with ProximityCast.com should contact admin@proximitycast.com

ProximityCast.com makes it easy to locate places, and lets you get a glimpse of what a place looks like in a déjà vu manner before you arrive. A picture cannot always show everything. Reviews may not always reveal everything. While these are both helpful, whenever going to an establishment for the first time you should exercise appropriate heedfulness to protect your personal safety. ProximityCast.com assumes no responsibility for your personal actions or the actions of others and is simply like a road that may enable you to travel to a place that you find you later wish you had not gone. That same road also opens many possibilities for arriving at places you are glad you went to. By using ProximityCast.com you agree to hold ProximityCast.com blameless for any and all happenings that take place at the places ProximityCast.com helps you to locate to include places that are out of business, moved, or their location has been inaccurately registered.

VII. Children

ProximityCast.com is not a children’s site and does not knowingly accept registration from children nor does ProximityCast.com solicit information from children under the age of 13. Should ProximityCast.com become aware of any child under the age of 13 utilizing the site their account may simply be terminated or their parent or guardian notified.

ProximityCast.com generally accepts images of any and all establishments that are legal to operate in the geographic location in which they reside. ProximityCast.com reserves the right to exclude establishments that are considered against the common good of the community or limit access to certain establishments considered on the fringes of society. Since ProximityCast.com allows the site to be used without the requirement to login ProximityCast.com reserves the right to filter out any establishment it wishes too in its sole discretion. ProximityCast.com at its discretion may also make such establishments available through other means but is under no obligation to do so. Establishments that a child would not normally be exposed to riding as a passenger down the road and considered inappropriate may be flagged by registered users as inappropriate. It is then ProximityCast.com’s choice to decide how to deal with the matter e.g. override the objection, form a consensus, seek counsel of its choosing, or other methods. Business Establishments that have acquired an annual membership and are then identified as being one of the above so that their access status is changed are only entitled to the refund of their membership fee and the closing of their membership account if they so desire. ProximityCast.com’s only obligation is to act in the best interest of ProximityCast.com.

VII Terms and Modifications to this Privacy Statement

By using the website, you signify your agreement to the terms of the ProximityCast.com Privacy Policy. If you do not agree with these terms, you should not use the ProximityCast.com site. ProximityCast.com may modify this Privacy Policy at any time. You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the ProximityCast.com site indicates your assent to any changes to this Privacy Policy.