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Privacy Policy

Jamabi Privacy Policy

This privacy and security statement (“Privacy Policy”) applies to www.jamabi.com, its affiliate sites, operated by Jamabi, Inc., a Delaware corporation (herein, "Jamabi" “we”, or “us”) and any transactions initiated or conducted through a Jamabi player on a third party website or via affiliated technologies.   This Privacy Policy describes the information we collect, how we use such information, how we protect such information and your rights and obligations as a user of this Site. This Privacy Policy is not intended to govern any existing or future web sites operated by or services offered by any third parties or entities affiliated with Jamabi. www.jamabi.com will be referred to as the “Site”. Jamabi’s policy is to respect the privacy of visitors and users of the Site (herein “you”, “your” or “users”).

Any use of this Site indicates your consent to our use of information as indicated by this Privacy Policy and your agreement with the terms and conditions herein. If you do not agree with this Privacy Policy, please do not use this Site or participate in the features, activities and services that require you to provide your personal information. This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Both the Privacy Policy and Terms of Use Agreement are legally binding on all users.

1.                  Information We Collect
If you choose to purchase products and/or services from the Site, you will be required to submit highly sensitive and personally identifiable information, including, without limitation, your name, email address, telephone number (in case the seller or a customer service personnel need to reach you about your order), mailing or shipping address, email address (to contact you regarding your order and, if you opted-in, to send you newsletters and/or special offers), credit card or debit card information, PayPal account information, basic demographic information and your purchasing requirements. Information we collect may vary depending upon the product purchased. We may also request you to participate in customer surveys or provide feedback about our services. All information that you provide as part of such survey or feedback will be stored and used for purposes of improving customer service. In the following paragraphs, we outline the services and activities in connection with which we gather your Personal Information and provides details on how that Personal Information is used. all of these services are optional; if you do not wish to provide personal information, you may simply decline to take advantage of that service.

As a prospective seller of goods through the Site, you will be required to provide highly sensitive and personally identifiable information about yourself and the entity you represent. Such information may vary, but may typically include, your name, contact information (such as home and/or business address, telephone number, email address, etc.), and demographic information. As a prospective seller, you may be required to register on the Site pursuant to which you may be required to provide any or all of the foregoing information.

In addition, personally identifiable information may be gathered from an entry into a promotion, contest or sweepstakes, the registration process for subscription sites or services and in connection with content submissions, community postings (e.g., chat and bulletin boards), subscription to newsletters, suggestions, emails, voting/polling activities and transactions when merchandise or services are ordered or bought. This information may vary but may typically include your name, home address, telephone number, e-mail address, age, date of birth, interests and for purposes such as legal compliance. 

Automatically Collected Information:             You also should be aware that non-personal information and data (such as the pages you visit on the Site as well as your IP address) may be automatically collected through the standard operation of Site. Information we automatically collect may include, the URL from which you visited the Site, the page you are visiting, your computer browser information and your IP address. We may also use automatic data collection devices such as “cookies” and clear gifs (a.k.a. Web Beacons/Web Bugs). 

Cookies are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. Cookies are used to identify Site visitors or members so they do not have to re-enter an user ID and password, when, for example, the member wants to post a comment on a discussion board or order merchandise. Cookies help us improve user experience and display more prominently goods and services that might interest you. If you do not have the cookies feature of your browser enabled (and in most, if not all, browsers are enabled by default), you may be required to enter your password each time you access Jamabi’s Site, or any of the member features and you may not be able to access some information or features on the Site. If you do not want such information collected through cookies, there is a relatively simple procedure in most browsers that allows you to deny or accept the cookie feature. However, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information or blogging) available on the Site. If you decline acceptance of cookies, you may experience less than optimal performance of the Site. You should be aware that Jamabi cannot control the use of cookies or the resulting information obtained by advertisers or third parties that manage or place advertisements or links on the Site. 

Clear gifs are small graphic images, with a unique identifier, similar in function to cookies and are used to track online movements of users. They can monitor certain user behavior, such as your usage of the Site, whether you opened an email message or whether you clicked on a URL in an email message. We do not collect personally identifiable information through clear gifs, however, we may associate any personally identifiable information with automatically collected information.

2.                  How We Use The Personally Identifiable And Other Information
To Facilitate Sales.      Jamabi uses the information to facilitate sales of goods and services offered on this Site by users, i.e. to put buyers and sellers in contact with each other. We will use your information to provide you with services and information you have requested or products you have purchased, to respond to specific inquiries made by you, to resolve any disputes or collect fees, to prevent illegal or fraudulent activities, to comply with law, a governmental or judicial order, to enforce the terms of use of the Site or to improve our services; enforce any contest or sweepstakes rules; protect a user’s safety or security including the safety and security of property that belongs to a user; and/or protect our safety and security and the safety and security of the Site, our affiliates and/or third parties, including the safety and security of property that belongs to us, our affiliates or third parties.
 
For Internal Purposes. We may use the information for our internal business purposes, for example, to tailor the Site content or to assess the amount of traffic to the Site. Jamabi may provide third parties with aggregate statistics about our visitors, traffic patterns and related site usage information. This data reflects the Site usage patterns gathered during thousands of user visits to the Site. Jamabi reserves the right to perform, or have performed by third parties, statistical and other analyses of user behavior and characteristics in order to measure interest in and use of the various pages, or functional, graphical or informational frames or areas of the Site, and to inform advertisers of such analyses as well as the number of users that have been exposed to or clicked on their advertising banners. Jamabi will only provide aggregated anonymous data from an analysis of log files and other databases of user information to third parties to improve our content offerings, graphics, layout, ease of Site use or navigation, and the like.

To Communicate.        You will receive emails, phone calls and other communications from us to provide you with services you have requested or in relation to the sale or delivery of a product purchased on the Site and to respond to your inquiries. In addition, we may use your contact information to send you emails and other communications about the status of your account, Site updates. By using this Site and the services offered hereby, you consent to Jamabi’s use of your personal information to contact you, deliver the goods purchased or provide any other services requested by you. If you do not wish to receive certain communications from Jamabi, you may opt out of receiving such notifications, as explained under the section, “User’s Ability to Opt-Out” below. Notwithstanding any opt out of promotional information by you, Jamabi reserves the right to contact you regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

Feedback and Testimonials.    Any testimonials or feedback that you provide to us will be utilized to improve the services we provide on the Site. In addition, we may use testimonials in our marketing materials without including any personally identifiable information in such marketing materials, unless we have your written consent to do so.

3.                  How We May Share Your Information with Third Parties
Prospective Buyers and Sellers.          To facilitate transactions, we may match sellers and buyers. Prospective buyers using the Site may receive information about sellers offering products or services of interest to buyer, including, without limitation, seller’s contact information, product information, pricing, ratings and reviews, if any. Similarly, sellers may receive information about buyers, including, without limitation, billing and shipping address. 

Advertisers and Third Party Vendors.            You should also be aware that Jamabi may sometimes permit third parties to offer subscription and/or registration-based services through the Site. You can register on such third party sites or subscribe for such third party services by clicking on a link to the third party site on the Site. Please note that by clicking on an advertisement or a link to a third party site, you are exiting the Site and any collection, use, disclosure and security of personal information you provide thereafter, will be governed by the terms and conditions and the privacy policy of such third party sites, which may differ from this Privacy Policy. Accordingly, Jamabi is not responsible for any actions, policies or breaches of security or privacy of such third parties; users are urged to check the applicable privacy policy of any such party to determine if it is acceptable to the user before providing any personally identifiable information. 

Contests and Sweepstakes.     Additionally, through the Site you may be introduced to or be able to participate in activities, subscribe for certain services or otherwise access or participate in promotions, including, without limitation, participation in contests or sweepstakes, subscription to newsletters or magazines, participation in voting/polling activities and other any activities or services (collectively, “Online Activities”) sponsored or offered by any Jamabi sponsor, advertisers or third parties (collectively, “Third Parties”). When you participate in such Online Activities, we may also share your personally identifiable information with any of the Third Parties conducting such Online Activities. We are not responsible for the actions or policies of such Third Parties. You should review the applicable privacy policy of such Third Parties before participating in Online Activities to understand how your personal information may be used. Without contradicting the foregoing, any transactions conducted through a Jamabi.com player on a third party website shall continue to be governed by the terms and conditions of this Privacy Policy. Notwithstanding the foregoing, we currently do not knowingly allow children below thirteen years of age to enter any Online Activities hosted by Third Parties. Please see Section 4 for restrictions on children’s participation in Online Activities. Users should also be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address, home or work addresses or phone numbers, identity or credit information, or the like) on bulletin boards or in chat areas of the Site, such information, along with any substantive information disclosed in the user's communication, can be collected, correlated and used by the Third Parties’ bulletin board viewers or chat site participants and silent observers. Therefore, providing such information may result in unsolicited messages from, or other use by other posters or Third Parties. Such activities are beyond the control of Jamabi, and Jamabi is not liable for any harm to you by misuse of such information by Third Parties.

Disclosures To Protect Security or To Comply With The Law.         Jamabi may disclose your information in special cases when in our sole judgment we have reason to believe that disclosing this information is reasonably necessary to prevent identity theft, or to identify, contact or bring legal or other corrective action against someone who may be misusing the Site or any of its features, for example, by inducing or causing injury to or interference with (either intentionally or unintentionally) the rights, reputation, identity, sensibilities or property of Jamabi or its users, or anyone else that could be harmed by such activities. The law may require Jamabi to share your personal and non-personal information (such as “Cookies” described above) pursuant to judicial or governmental orders, subpoenas or warrants. Under such circumstances, Jamabi reserves the rights to block access to the Site to one or more individual users, close the Site and/or disclose user information to the respective judicial or other governmental authority. In addition, Jamabi reserves the right to use and disclose your personal and non-personal information for purposes of investigating or taking action relating to any illegal or fraudulent activities or other activities that pose a threat to the physical safety of any person or for the violation of the terms of use of the Site or as otherwise required by applicable law.
 
For Billing.     
Buyer Information: Jamabi does not collect or store any credit card information from users who make purchases or donations on the Site (“Buyers”). All financial transactions between a party selling its products or services on the Site or a party seeking donations for a cause on the Site (collectively, “Sellers”) and Buyers are directed to a financial gateway. We endeavor to protect the security of the Buyer’s payment information during transmission by using Secure Sockets Layer (SSL) technology. Jamabi will work with Sellers to enable them to accept payments from buyers by using PayPal or any other financial institutions. In doing so, we may share the Buyer’s email address, physical or electronic shipping address and other relevant information with the Seller and/or PayPal. Regardless, Buyer’s credit card number or bank account number is not collected by Jamabi or stored in any manner on the Site.

Seller Information: Sellers may use the Site without any obligations to pay a subscription fee or can subscribe to a premium user account for a fixed subscription fee payable either on a monthly or quarterly basis. In addition, financial or lead generation transactions initiated or conducted by Sellers on the Jamabi Site, Player, affiliated sites or other related technology will be subject to a commission based on the sale price or donation amount.  Accordingly, Jamabi requires all Sellers to submit their credit card or PayPal information to Jamabi or a third party payment processing gateway that will manage payment transactions on the Jamabi Site. For purposes of collecting subscription fees and commissions from Sellers, the email address associated with the Seller’s PayPal account will be stored by Jamabi and the Seller’s credit card information will be stored by the entity providing credit card processing services to Jamabi. Within ten (10) days after the end of each month, Jamabi will notify Seller electronically or via written notice of the commissions due from any transactions on Seller’s account during the immediately preceding month (“Commissions Statement”). Unless Seller disputes the Commissions Statement in writing within five (5) days of receipt of the Commissions Statement, Jamabi will automatically deduct the commissions owed by Seller from Seller’s credit card or PayPal account, as the case may be. In the event, the commissions owed by a Seller in any given month exceeds Five Hundred dollars ($500.00), Jamabi may deduct the commissions earlier than scheduled, provided, that, any such deduction is made at least five (5) days after providing written notice to Seller. Seller may contact Jamabi at customerservice@jamabi.com for any questions that Seller may have in this regard.

Other Purposes.           Information collected from you may be transferred to a third party as a result of a sale, acquisition, transfer of assets transaction or other fundamental corporate change involving Jamabi or one of its affiliates.

4.                  Special Rules for Children
This Site is offered and made available only to users 18 years of age or older . If you are not yet 18 years old, please discontinue using the Site immediately.

5.                  International Users
By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of Jamabi.com business we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data.

6.                  User’s Ability to Control Use of Personal Information and Opt-Out
Beginning at the point of Jamabi’s first email with the user, and upon each subsequent email, the user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from Jamabi and/or any third parties. Upon such request, Jamabi will allow any user to "opt out" of further promotional contacts at any time. If you would like to change your personal information in our records you can access your account to update your personal information or if you wish to unsubscribe from the Site, may send us an email at:opt.out@jamabi.com indicating your decision to opt out. Additionally, upon request, Jamabi will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, Jamabi will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions.

7.                  Your California Privacy Rights
If you are a resident of the State of California, under the provisions of the California Civil Code, you have the right to submit request to us at the designated address and receive the following information:
a)      The categories of information we disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year;
b)      The names and addresses of third parties that received such information; and
c)      If the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and you must send a request to the following address: legal@jamabi.com with a preference on how our response to your request should be sent (email or postal mail).

All requests sent must be labeled "Your California Privacy Rights" on the subject line and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

8.                  Security Measures
Jamabi has adopted generally acceptable security measures to protect your personal information against loss, misuse and alteration when such information is within Jamabi’s control. We use Secure Socket layer technology (SSL) to keep others from intercepting your information while it is being transmitted across the Internet. SSL Technology is the industry standard method of communicating secure online transactions and is built into most major browsers. The secure mode begins when you initiate your order. All information, once on our server, is protected from any external intrusions. 

Please note that despite all precautionary steps, no data transmission over the Internet can be guaranteed to be 100% secure. Jamabi will use commercially reasonable measures to protect your information but does not warrant that the information transmitted to us will be secure at all times.

9.                  Your Obligations as a User
By using the Site, you signify your assent to Jamabi’s Privacy Policy. Please note that Jamabi is the sole owner of all information collected during use of the Site. If you do not agree to this policy, please do not use the Site. Your continued use of the Site following posting of changes to this Privacy Policy will mean that you accept the revised Privacy Policy.

If you accept this Privacy Policy, which is indicated by your continued use, you must always comply with the terms of the then-current Privacy Policy and any other terms and conditions posted on the Site. You will respect all intellectual property rights of Jamabi and any third parties relating to the content on the Site or services provided through the Site (for example, photographs and newsletters).
You are solely responsible for maintaining the secrecy of your login information, including any passwords and user names. At no time will we require you to transmit your password information to us via email. Should you receive any such requests, please contact customerservice@jamabi.com to authenticate such inquiry before responding to the same.

If you have questions or concerns regarding this Privacy Policy, or about the use of your personally identifiable information, contact Jamabi via email at legal@jamabi.com.

10.              Governing Law
Any disputes arising between Jamabi and you in relation to your use of the Site shall be governed by the laws of the State of California, without regard to its choice of law provisions, and the federal and state courts located in San Jose, California shall have exclusive jurisdiction over all claims.

11.              Amendment Procedure and Questions Regarding this Privacy Policy
Jamabi reserves the right to amend this policy at any time and to alter the look and functionality of the Site. All minor amendments to this Privacy Policy will be effective immediately upon posting on this Site. Any material changes in the way we collect, use and/or share your personal information under the Privacy Policy will become effective immediately if we notify you by email or upon 30 days after a notice of amendment has been posted on the Site. Any such material changes to this Privacy Policy may affect our use and sharing of personal information that you provided to us before our notification to you of the changes. If you do not wish to permit material changes in our collection, use or sharing of personal information that you have provided to us before the effective date of such changes, you must so notify us before that effective date. Please be advised, however, that, regardless of whether you provide such notice to us, the changes to this Privacy Policy will apply to any personal information that you provide to us on or after the effective date of such changes.

If any provision of this Privacy Policy shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, all other provisions shall remain in full force and effect.


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