THIS PAGE CONTAINS OUR
CIVIL SUBPOENA POLICY.
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Your privacy is very important to FranchisePundit (“FranchisePundit”). We want to make your experience with our services and on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools and opportunities with complete confidence.
- Introduction. FranchisePundit collects information in different ways from Visitors and Users who access the various parts of our Services and the network of Web sites accessible through our Services. We use this information primarily to provide a customized experience as You use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required or permitted by law or other special cases described below.
- Registration and Account Information. Users are asked to provide certain personal information when they sign up for our Services including name, address, and telephone number. In addition, Users are asked to complete an online form that collects information about demographics and other information that will help us improve our services. The personal information collected from Users through these forms is used to manage each User’s account (such as for billing purposes) and provide Users with information about services that may be of interest to them. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where FranchisePundit and a partner jointly promote the Services, FranchisePundit may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. FranchisePundit may also generate non-identifying and aggregate profiles from personal information Users provide during registration (such as the total number, but not the names, of Users). As explained in more detail below, we may in certain instances use this aggregated and non-identifying information to sell advertisements that appear on the Services.
- Online Advertisements. FranchisePundit does not share personal information about its Visitors or Users with advertisers. FranchisePundit may display online advertisements and may share aggregated and non-identifying information about our Visitors and Users collected through the registration process, as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, potential franchisees) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.
- Responses to E-mail Inquiries. When Visitors or Users send e-mail inquiries to FranchisePundit, the return e-mail address is used to answer the e-mail inquiry we receive. FranchisePundit does not use the return e-mail address for any other purpose and does not share the return e-mail address with any third party.
- Voluntary Customer Surveys. We may periodically conduct both business and individual customer surveys. We encourage our Users to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other FranchisePundit Users to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties. Unless otherwise noted in the survey invitation or the survey itself, Users have the option of completing surveys anonymously or providing us with contact information. We may use the contact information to follow up with Users based on the answers they provide. We may also contact you to highlight the changes we have made in response to feedback.
- Special Cases. It is FranchisePundit’s policy not to use or share the personal information about Visitors of Users in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, FranchisePundit may disclose personal information about Visitors or Users, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect FranchisePundit and our Users.
- FranchisePundit.com Statistics. We use information gathered from our site statistics (for example, User IP addresses) to help diagnose problems with our servers, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.
- FranchisePundit’s Commitment to Children’s Privacy. Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. While we make every effort to ensure that our web sites are fun and age-appropriate for our younger audience, we believe that there is no substitute for proper parental supervision. FranchisePundit recommends that children ask a parent for permission before sending personal information to FranchisePundit, or to anyone online.
- Public Forums. Please remember that any information you may disclose in our blog comments or discussion forms, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. If anonymous posting is important, you may want to seek methods to mask your IP address from our logs, such as using an offshore VPN or proxy service in a privacy friendly jurisdiction.
- FranchisePundit’s Commitment to Data Security. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts.
- How to Access or Modify Your Information. To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your Control Panel. Alternatively, you can contact FranchisePundit Support by phone or through our online support form.
- Exceptions. Except as stated in this policy, we will typically never give out your information without your permission. We reserve the right to give out such information without explicit permission in the following circumstances:
- As and to the extent required or permitted by law, or where we believe in good-faith that it is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- When intended to report, prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise to take actions in connection with such activities;
- To enforce our Terms of Service or otherwise establish or exercise our legal rights or defense against legal claims; or
- Revisions to This Policy. FranchisePundit reserves the right to revise, amend, or modify this policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.
CIVIL SUBPOENA POLICY
If you seek the identity or account information of a FranchisePundit User in connection with a civil legal matter, you must fax, mail, or serve FranchisePundit with a valid subpoena.
Submission of Subpoenas
All civil subpoenas should be served by e-mail to:
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE CALL (312) 212-3423. DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
Upon the receipt of a validly issued civil subpoena, FranchisePundit will promptly notify the User whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, FranchisePundit will not immediately produce the User’s information sought by the subpoena and will provide the User an opportunity to move to quash the subpoena in court.
Fees for Subpoena Compliance
FranchisePundit will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the FranchisePundit invoice. Checks should be made out to FranchisePundit.
FranchisePundit’s subpoena compliance costs are as follows:
Research – $75.00/hour
Federal Express – Cost as Billed
Copies – $.50/page
Compact Discs – $10.00/per CD
Policies Regarding E-mail
FranchisePundit will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. FranchisePundit’s servers do not, except in exceptional circumstances, retain deleted content for any length of time
FranchisePundit reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the FranchisePundit’s conntent is related to the pending litigation and the underlying subpoena.
Revised: July 2010