Effective Date: May 9, 2019
Thank you for visiting The Free Tree website located at TheFreeTree.com (the “Website”). The Website is an Internet property of The Free Tree (“TheFreeTree,” “us,” “our” or “we”). We believe in 100% permission-based marketing. All visitors to, or users of, the Website are referred to, individually, as “User,” “you” or “your.” Capitalized terms not defined herein shall have the meaning set forth in The Free Tree Terms and Conditions (the “Terms”).
Your Acknowledgement and Agreement
Your California Privacy Rights
Please be advised that if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) to any third party for marketing purposes, please e-mail us at: info@TheFreeTree.com. Please be advised that where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.
If you are a resident of the State of California and would like to know how your personal information is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please contact us at: info@TheFreeTree.com.
In accordance with California Civil Code Sec. 1789.3, California residents are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; by phone at (916) 445-1254; toll free at 1-800-952-5210; or by e-mail to: email@example.com .
What Information We Collect And How We Use It
We collect and combine your Personally Identifiable Information and Non-Personally Identifiable Information (collectively, “Information”) when you: (a) open, preview or click on any e-mail messages that we send on our behalf or on behalf of one of our trusted third party advertisers and marketing partners (collectively, “Partners”); (b) register on the Website to participate in any Promotions; and/or (c) otherwise provide personal information to us by and through any Online Media. For the avoidance of doubt, Personally Identifiable Information refers to data collected with an intention to specifically identify, contact or locate an individual, including but not limited to e-mail address, name, postal address, and/or telephone number. Alternatively, Non-Personally Identifiable Information refers to data that is not used to specifically identify, contact or locate an individual, including but not limited to zip code, gender, age, IP address, and/or devise ID and location. While the submission of any information is voluntary – and at your complete discretion – such submissions may be required in order to participate in Promotions.
As noted above, we may use the collected Information for any legally permissible purpose in our sole discretion, including but not limited to those explained below. By submitting your Information to us by and through our Online Media or otherwise, you agree to allow us to share, sell, rent, lease or otherwise provide that Information with/to any other properties that we own or may later acquire and/or to any Partners, as permitted by applicable law. You further agree that we may work with other businesses to bring selected retail opportunities to you. These businesses and Partners may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) SMS text-based marketers (where, and to the extent, permitted by applicable law).
Notwithstanding the foregoing, we may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from our database, analyzing data, conducting drawings and other Promotion-related activities and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to your Information only as needed to perform their functions for us; and we do not permit them to use your Information for any other purposes.
We may also use your personal information for customer service functions, to provide you with information that you may request in connection with the Promotions, to customize your experience with the Website, Promotions, and/or other Online Media, and/or to contact you – when necessary – in connection with transactions entered into by you through the Website and/or other Online Media, if any. We may also use your Information for internal business purposes, such as analyzing, managing and optimizing our business. We may combine any of the Information that we have gathered from you with information from other users and sources.
By submitting your e-mail address to us by and through the Website, Online Media or otherwise, you agree to receive e-mail marketing from us (including our other properties) and/or from our Partners. Additionally, you agree that such submitting your e-mail address to us constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “TSR”) and applicable state do-not-call regulations. Further, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, you hereby expressly agree that we and any of our Partners, retain the right to contact you via telemarketing, including without limitation any prerecorded telephone call, to any telephone number, including without limitation any wireless telephone number that could in result in charges/fees to you. For the avoidance of doubt, your acceptance of the terms and conditions of this Website constitutes your express written consent to receive telemarketing calls from our Partners, including by means of a pre-recorded message and automated voice dialing. Your consent will be effective regardless of whether the number you have provided: (a) is a home, business, or cell phone line; and/or (b) is or will be registered on any state or federal Do-Not-Call (DNC) list, and shall remain in effect until you revoke your consent by contacting us at: info@TheFreeTree.com. By submitting your e-mail address and phone number to us, you hereby expressly waive all applicable federal and/or state no-call registrations with respect to such contact.
We may be required to create, collect, maintain, and/or submit certain information requested and/or required by the government or other regulating authorities, including, without limitation, IRS Forms W-9 and 1099. This information, which may include your taxpayer identification number, will not be used, shared, transferred, or sold for any marketing purposes.
As long as you remain a The Free Tree Member, opting not to receive email does not exempt you from receiving administrative emails, which include, but are not limited to, notices about vital Program and membership status changes or alterations to our Terms of Service.
We may, without your consent, access and disclose your personal information, any communications sent or received by you, and any other information that we may have about you or your account as may be required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms of Service, or activity that appears to us to be illegal or may expose us to legal liability.
Member Communications, Email, SMS Text Messaging and Opting Out
The Free Tree employs a strict policy against sending unsolicited email. Because email is an integral part of the Program, you automatically sign up to receive email from The Free Tree including The Free Tree offers, as well as third party offers, that The Free Tree thinks may be of interest to you. If you later decide you wish to cease participation in this portion of the Program, you may do so at any time by clicking on the opt-out links contained within each The Free Tree email or by sending an email to: unsubscribe@TheFreeTree.com. In addition, The Free Tree employs a strict policy against sending unsolicited SMS text messages. Because SMS text messages can be an integral part of the Program, subject to obtaining your “prior express written consent” as set forth in Section 6 above, The Free Tree may contact you with periodic SMS text messages related to the Program and other The Free Tree products and/or services. If you decide you wish to cease participation in this portion of the Program, you may do so at any time by replying with the word “STOP” in response to one of the SMS text messages that you receive from The Free Tree, or sending an email to: unsubscribe@TheFreeTree.com
Our Member Services Department may contact you in response to your inquiries, to provide services at your request and to manage your account. We will communicate with you by email, telephone or fax in accordance with your wishes (collectively, “The Free Tree Administrative Contact”).
To opt-out of receiving The Free Tree Related Email and The Free Tree Administrative Contact from The Free Tree, you must cease membership, use of the Program and submitting inquiries to The Free Tree, as applicable.
Collection and Use of Your Non-Personally Identifiable Information
Whenever you open, preview or click on the advertising portion of our e-mail messages, the Website or our other Online Media, we collect such response data and other Non-personal information for Our internal marketing purposes (collectively, “Response Data”). We may use your Response Data, and share it with our Partners, in order to send you e-mail and other marketing messages regarding products, services and/or special offers that either we or our Partners believe may be of interest to you.
We may serve advertisements to you based, in part, on your IP address, the demographic and geographic information you submitted to us, as well as other socio-economic information, psychographic information, Internet behavior (i.e., browsing, searching, purchasing, ad-response behavior, etc.), and lifestyle information about you that we obtain from our Partners. We also use Partners to serve advertisements when you visit the Website. These Partners may use and optimize information (not including your name, mailing address, e-mail address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services that may be of particular interest to you.
IP Address/Browser Type.
We may collect certain Non-Personally Identifiable Information about you whenever you visit the Website and/or our Online Media. This Non-Personally Identifiable Information may include, without limitation, the type of browser that you use (e.g., Safari, Firefox, Chrome, etc.), your IP address, the type of operating system that you use (e.g., Windows or Mac OS) and the domain name of your service provider. We use the Non-Personally Identifiable Information that we collect to improve our design and to personalize your experience. We also may use this Information in the aggregate to analyze usage. We also reserve the right to use aggregate or group data about our users for any other lawful purposes. Aggregate or group data is data that describes the demographics, usage and/or characteristics of our users as a group. By submitting your Information to us via, the Website and/or other Online Media, you agree to allow us to provide such aggregate data to any Partners at our discretion, as lawfully permitted.
We collect some information about you simply by virtue of you connecting to the Website. Namely, when you visit the Website and/or access other Online Media, we, or a data provider that we have engaged, may place, recognize or send a unique cookie, single-pixel GIF files/images and/or similar technologies (collectively, “Cookie”) to assign an anonymous, unique identifier to your Internet browser. A Cookie is a small piece of data stored on your computer’s hard drive containing Non-Personally Identifiable Information about you. Cookies are not designed to get data from your hard drive, your e-mail account or any other personal data about you. No personal information is placed into these Cookies. Cookies are used to store information about an individual’s preferences and history in order to better serve the user and/or present you with customized ads, content and/or services. Cookies may reflect de-identified demographic or other data linked to data that you have voluntarily submitted to us, e.g., your e-mail address, in hashed, non-human readable form. Cookies have many benefits including, enhancing the functionality of the Website, delivering a more personalized experience and improving and delivering certain content and offerings. We may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
We do not install any spyware or adware in connection with the Website, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. “Spyware” or “adware” is any software which has been downloaded to and/or installed on an Internet user’s computer, without that individual’s actual consent, and facilitates the distribution of any commercial message to that individual. If you feel that you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
Website Tracking Software/Domain Addresses.
Our web servers and/or those of our Partners, utilize certain tracking software to capture your domain address (the address of your Internet service provider) for purposes of tracking statistics. The capture of your domain address is a common practice among websites for measuring the number of hits, pages visited and length of time spent on a site. We use this information to measure the effectiveness of Website offerings in order to better service you.
You may unsubscribe to opt-out from having your Information shared with our Partners, or opt-out from our e-mail marketing program altogether at any time by sending us an e-mail at: info@TheFreeTree.com. We also include an unsubscribe/opt-out mechanism within every message that we send. We attempt to process all unsubscribe/opt-out requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another communication from us because we may obtain your contact information in the future through a different entity that you have subscribed through. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Services, your participation in a Promotion, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related, Promotions-related and/or inquiry response-related messages from us, you must cease requesting and/or utilizing Services, cease participating in and/or entering Promotions and cease submitting inquiries to us, as applicable. We are able to offer our free services, in part, based upon the willingness of our users to be contacted by our Partners.
Your privacy is very important to us; and we endeavor to safeguard and protect your Information. The servers on which we store your Information are kept in a secure physical environment. We have security measures in place to protect against loss, misuse and alteration of personal information under our control. When we collect information, that information is encrypted and protected with SSL encryption software. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Thus, while we strive to protect your Information, we cannot ensure or warrant the security of any information that you transmit to us; and you do so at your own risk. That being said, access to your Information is strictly limited, and not accessible to the public.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that there has been an information security breach. You will be notified via e-mail in the event of such a breach of security. Please be advised that notice may be delayed in order to address the needs of law enforcement, to determine the scope of network damage, and/or to engage in remedial measures.
Third Party Links
We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We are very sensitive to the issue of children’s privacy and, therefore, we strive to protect the privacy of children using the Internet. We do not knowingly solicit or collect personal information from persons under eighteen (18) years of age. If a person under eighteen (18) years of age has already provided us with any Information, his or her parent or guardian may contact us for the purpose of immediately deleting this Information.
Reviewing Your Information
If you would like to know if we have any of your Information in our database or would like to review and update or correct the Information that we have collected from you, simply send your request via e-mail to: info@TheFreeTree.com, or via certified postal mail to The Free Tree at: The Free Tree PO Box 4668 #85919, New York, NY 10163-4668.
To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access or making corrections, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Limitation of Liability
Filing a Complaint with the Federal Trade Commission
See the Federal Trade Commission (the “FTC”) website at www.ftc.gov spam for updates on implementation of the CAN-SPAM Act of 2003, as amended. The FTC maintains a consumer complaint database of violations of the various laws that the FTC enforces. Consumers can submit complaints online at www.ftc.gov and forward unwanted and unsolicited commercial e-mail to the FTC at: firstname.lastname@example.org. The FTC works as a consumer advocate in order to prevent fraudulent, deceptive and unfair business practices. To file a complaint with the FTC or to request free information about consumer issues, please visit www.ftc.gov or call toll-free, 1-877-FTC-HELP.
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