(Last Updated October 29, 2012)
(Effective Date May 24, 2008)
Geeknet, Inc. and its subsidiaries ("Geeknet"), operate the Internet sites Geek.net and ThinkGeek.com(the "Sites"). Geeknet is committed to protecting the privacy of users of the Sites. This Privacy Statement applies to each of the Sites and describes the information Geeknet collects about users and how that information may be used.
Geeknet complies with the United States ("US")/European Union ("EU") and US/Swiss Safe Harbor frameworks as set forth by the US Department of Commerce regarding the transfer of personally identifiable information from the EU and Switzerland to the United States.
Geeknet agrees to notify users of the following privacy principles: Notice, Choice, Onward Transfer, Security, Data Integrity, Access, and Enforcement. For additional information about what to do if you have questions or concerns about our Safe Harbor program, please see the enforcement section below.
Geeknet reserves the right to update and change this Privacy Statement from time to time. If Geeknet makes material changes to its privacy practices, a prominent notice will be posted on this web page. Each time a user uses the Sites, the current version of the Privacy Statement applies. Accordingly, a user should check the date of this Privacy Statement (which appears at the top) and review for any changes since the last version. If a user does not agree to the Privacy Statement, the user should not use the Sites.
Geeknet provides this Privacy Statement to make users aware of Geeknet privacy practices, and of the choices a user may make about the way the user's information is collected and used.
Users represent they are of legal age to create binding and financial obligations for any liability users may incur as a result of their use of the Sites. The Sites are not directed to children under the age of 13. Geeknet does not knowingly collect, or wish to obtain, personally identifiable information from children. If Geeknet becomes aware that a user is under the age of 13 and has provided personally identifiable information without prior verifiable parental or guardian consent, it will remove user's personally identifiable information from its files.
Geeknet may collect three types of information from users of Sites: "personally identifiable information"; "device information" about the device you are using to access our site; and "aggregate information."
Personally identifiable information is any piece of information which can potentially be used to uniquely identify, contact, or locate a user of the Sites (such as name, email address, postal address, telephone number).
Device information is information about the device and its attributes (such as information about how your browser is configured, whether your device has enabled cookies, its Flash settings, the device's identification number and other characteristics about the device); it also may be personally identifiable information in cases where it is associated with the name or other identifier for a Site user. We use device information for purposes such as enhancing the user experience and fraud prevention.
Aggregate information is non-personally identifiable/anonymous information about users of the Sites (such as frequency of visits to Sites, Site pages most frequently accessed browser type). Aggregate information also may include pages visited along with any navigation and in-page interactions used during each visit. In-page interactions monitored include: clicks and selections, mouse movement, page scrolling, and form fields focused on (specific keystrokes entered into each field are not collected). Aggregate information is used in a collective manner and no single person can be identified by that compiled information.
If you would like to opt-out of monitoring by ClickTale (the service we use for in-page interaction monitoring), please visit http://www.clicktale.net/disable.html and follow the instructions for each computer that you wish to opt-out of ClickTale. More information about ClickTale is available at: http://www.clicktale.com/privacy_service.aspx.
We also use Omniture and Google Analytics for aggregation and analysis of session information.
On the Sites, users may order products or services, and register to receive materials. Personally identifiable information collected on the Sites includes community forum content, diaries, profiles, photographs, name, unique identifiers (e.g., passwords), contact and billing information (e.g., email address, postal address, telephone, fax), and transaction information.
In order to tailor Geeknet's subsequent communications to users and continuously improve the Sites' products and services, Geeknet may also ask users to provide information regarding their interests, demographics, experience with its products, and detailed contact preferences.
If you chose to use third-party social networking sites, such as Facebook or Twitter, to log into one of our sites that offers that login feature, we may collect information, such as your basic profile information, gender, age, interests, and other demographic and geographical information, from the social networking site you use to interact with our site. If you do not want to share information from your social networking account with us you can either decline to use these features or check your social networking site's current privacy setting options to see what options they provide for limiting disclosures when you use login sharing features.
Geeknet uses web beacons from time to time. Such web beacons may be provided by Geeknet's third party advertising companies to help manage and optimize Geeknet's online advertising. To opt out of targeted advertising delivered by Network Advertising Initiative members, click here: http://www.networkadvertising.org/consumer/opt_out.asp A web beacon is a string of code that provides a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data, or determining how many times a specific web page has been viewed. Web beacons enable Geeknet to recognize a browser's cookie when a browser visits a Site, and to learn which banner ads bring users to each Site. For example, when a user visits a web page, the code for the page may include instructions to go to another server to gather a single pixel graphic image. Web beacons are not placed on a user's computer.
Our website also may use local shared objects, also known as "Flash cookies" to store your preferences or display content based upon what you view on our website to personalize your visit. Flash cookies are different from "browser" cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, including how to delete Flash cookies, click here for additional information: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.
Geeknet web servers may automatically log aggregate information, such as a user's IP address, domain name, browser type, date and time of access, and other log file data. This information may be used to analyze trends or administer the Sites.
Geeknet may use the personally identifiable information a user submits for any purposes related to Geeknet's business, including, but not limited to:
User names, identifications ("IDs"), and email addresses (as well as any additional information that a user may choose to post) may be publicly available on a Site when a user voluntarily and publicly discloses personally identifiable information, such as when a user posts personally identifiable information in conjunction with a product. Users may not be able to change or remove public postings once posted. Such personally identifiable information may be used by visitors of these pages to send unsolicited messages. Geeknet is not responsible for any consequences which may occur from the use of personally identifiable information that a user chooses to submit to public pages.
With respect to surveys, in the event that responses are publicly disclosed, users will be notified at the time they take the survey. Geeknet will disclose only aggregate information regarding its users, which as stated earlier is anonymous information that does not identify any specific individual. Circumstances under which Geeknet would publicly disclose such aggregate information include, but are not limited to, sharing survey results with the site population, providing data to Geeknet advertisers on user preferences and/or demographics, and publicizing overall usage data in press communications. Where surveys allow users to submit written comments, and where Geeknet advises users of the possibility of such disclosure at the time they take the survey, Geeknet reserves the right to disclose any information provided by users, provided that no personal information identifying a specific user is disclosed. Participation in surveys is at a user's option; Geeknet does not conduct mandatory surveys.
If you choose to send a gift certificate to a geek in your life, we will ask you for your friend's name and email address. The gift certificate will be delivered via email. ThinkGeek stores this information for the sole purpose of sending this gift certificate.
Your friend may contact us at http://www.thinkgeek.com/bug-us to request that we remove this information from our database.
A user makes the decision whether to proceed with activities that request personally identifiable information, such as online contact us and order forms. If a user does not provide requested information, the user may not be able to complete certain transactions.
Users who use the personally identifiable information of other users agree to use such information only for:
Users are not licensed to add other users to a Site, even users who entered into transactions with them, or to their mail lists without consent.
Geeknet encourages users to evaluate privacy and security policies of any of the Sites' transaction partners before entering into transactions or choosing to disclose personally identifiable information.
Geeknet will not use the personally identifiable information provided to it online in ways unrelated to the purposes identified in the "How Geeknet Uses Personal Information" section above without first letting a user know and offering the user a choice. If a user no longer wishes to receive direct marketing materials, Geeknet will provide instructions in its marketing email messages on how to be removed from any lists. Geeknet will make commercially reasonable efforts to honor such requests. For information about how Geeknet may share personally identifiable information, please see the Onward Transfer section below.
A user's personally identifiable information may be publicly available through a user's profile or user ID display. Depending upon which of the Sites the user visits, the user may have the option to opt out of publicly displaying their real names by changing their display name under the Sites' user preferences. Profile or user ID display may allow other users to see a user's activities, including purchase and sales content, ratings, and comments.
Users may have the opportunity to use a service to send electronic mail to another user or email list. In such cases, a user's valid email address and real name will be included with such messages. In order to prevent abuse, users may not opt out of such a display, but may choose to refrain from using such service to transmit an email message.
Geeknet sites may offer an email alias service that allows a user to create an email alias that forwards to the user's personal email account. Geeknet does not publish a user's personal email address, but does publicize email aliases which may allow an individual to identify or contact a user. A user who obtains an email alias may not opt out of such publication of the email alias. Please note, however, in certain cases, such as a "bounced-back" email message, it is possible that the user's personal email address could be exposed to other parties to the communication.
Users may have the opportunity to submit photographs to the Sites for product promotions, contests, and other purposes to be disclosed at the time of request. In these circumstances, the Sites are designed to allow the public to view, download, save, and otherwise access the photographs posted. By submitting a photograph, users waive any privacy expectations users have with respect to the security of such photographs, and Geeknet's use or exploitation of users' likeness. All photographs submitted to Geeknet become the property of Geeknet and will not be returned.
With whom may Geeknet share information
Unless Geeknet has a user's permission, as otherwise described in this Privacy Statement, or as required by law, such as to comply with a subpoena, Geeknet will only share the personally identifiable information a user provides online with other entities that are part of the Geeknet corporate family and/or outside service providers who may be used to ship products, process credit cards, provide technical support, handle order processing, or otherwise act on Geeknet's behalf. These service providers, which may include our affiliates, are prohibited from using users' information for any other purpose, including their own marketing.
When Geeknet uses third parties to assist in processing a Site user's personally identifiable information, Geeknet requires that these third parties establish safeguards to protect the confidentiality of the information that we provide them. For processing that involves information subject to Safe Harbor, we take steps to confirm that they subscribe to Safe Harbor, are subject to the EU Directive or another adequacy finding, or we enter into a written agreement requiring that they provide at least the same level of protection as required by the relevant Safe Harbor principles.
Geeknet businesses other than ThinkGeek may share personally identifiable information with third parties for marketing purposes, but will provide users with choices about disclosures of personally identifiable information for marketing purposes. ThinkGeek does not share, sell, or rent personally identifiable information to third parties for marketing purposes.
Please be advised that in certain instances, it may be necessary for Geeknet to disclose a user's personally identifiable information without a user's permission to government officials or otherwise as required by legal obligations. Geeknet may disclose such personally identifiable information when responding to subpoenas, court orders, or legal process, or to establish or exercise legal rights or defend against claims, including fraud or infringement investigations.
Data collected online may be combined with information a user provides through other means of communication, such as postal mail or third parties to further carry out the purposes described above under the heading "NOTICE, How Geeknet uses the information collected regarding users".
When users choose to provide Geeknet with personally identifiable information, users consent to the transfer and storage of such information by Geeknet servers in the United States.
In addition, Geeknet reserves the right to share aggregate information collected from users of the Sites, without prior notice, with entities that are part of the Geeknet corporate family and unrelated third parties. As stated earlier, aggregate information is used in a collective manner and no single person can be identified by such compiled information.
Geeknet may make presentations, white papers and other content from other organizations available to the users of Geeknet sites. To obtain access to this content you may be asked to provide personal information, such as your name and contact information. This personal information may be shared with the organization that is making the content available and their use of the personal information will be subject to their own privacy policies.
If you choose to make information available to other people through instant messages, status updates, group forum discussions or lists, electronic mail messages, bulletin boards, blog postings, or by joining groups or using other networking functions that we may offer on the Sites (either our own or through third party applications such as Facebook, Twitter or Linkedin), this information will be visible to these third parties. Please take care in deciding what information you choose to make available through these mechanisms, as we do not control the manner in which recipients or persons who may see the information may use, retain, or re-disclose the information that you choose to provide. In addition, if you use third party social networking sites to interact with our sites, we may exchange information with those social networking sites. Whether to use social networking sites to interact with our Sites, when that capability is offered, is your choice. In addition, you may restrict the sharing of information from your social networking accounts to the extent permitted by your social networking site's privacy settings.
To purchase services, users may be asked to be directed to a third party site, like PayPal, to pay for their purchases. If applicable, the third party site may collect payment information directly to facilitate a transaction. None of this information will be captured or stored by Geeknet.
Links to third party web sites or widgets to enable sharing of information through social networks on the Sites are provided solely as a convenience to the user. When a user uses these links, the user leaves the Sites. Geeknet has not reviewed all of these third party sites, does not control, and is not responsible for, any of the third party sites, their content or privacy practices. Geeknet does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites. If a user decides to access any of the linked sites, Geeknet encourages the user to read their privacy statements. The user accesses such sites at user's own risk.
Geeknet reserves the right to share or transfer personally identifiable information and aggregate information to a third party should Geeknet ever file for bankruptcy or in the event of a sale, merger or acquisition of Geeknet, provided such third party agrees to adhere to the terms of this Privacy Statement.
Should a user find inaccuracies in such user's information, or desire to close an account or view or remove the personally identifiable information Geeknet may have regarding the user, the user may contact Geeknet through the communication methods described below, or when technically feasible, directly on a Site. Geeknet will make commercially reasonable efforts to respond to requests for access, updating or removal within thirty (30) days of receiving requests. Geeknet may decline to process users' access, updating or removal requests concerning their personally identifiable information if the requests require disproportionate technical effort, jeopardize the privacy of other users, are inconsistent with our legal obligations, or are impractical (for instance, requests concerning information residing on backup tapes).
To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, Geeknet implements physical, electronic, and managerial procedures to safeguard and secure the information Geeknet collects. Geeknet uses encryption when using the Internet to transfer or receive requested sensitive personally identifiable information. However, Geeknet does not guarantee that unauthorized third parties will never defeat measures taken to prevent improper use of personally identifiable information.
Internal Geeknet access to users' nonpublic personally identifiable information is restricted to Geeknet's administrators and individuals on a need-to-know basis. These individuals are bound by confidentiality agreements.
User passwords are keys to accounts. Use unique numbers, letters, and special characters for passwords and do not disclose passwords to other people in order to prevent loss of account control. Users are responsible for all actions taken in their accounts. Notify Geeknet of any password compromises, and change passwords periodically to maintain account protection.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com and we will deactivate your account and will retain and use your information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
In the event Geeknet becomes aware that the security of a Site has been compromised or user's personally identifiable information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, Geeknet reserves the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities. In the event of a data breach, Geeknet will make reasonable efforts to notify affected individuals if Geeknet believes that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law.
If a user has comments or questions about Geeknet's privacy statement, please contact:
Telephone: 1-877-Geeknet (877-433-5638)
Attn: Geeknet, Inc. Legal Services - Privacy
11216 Waples Mill Road, Suite 100
Fairfax, VA 22030
Geeknet complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union and Switzerland respectively. Information regarding the both the E.U. and Swiss Safe Harbor Frameworks can be found at : http://export.gov/safeharbor
If you have questions or concerns regarding this Policy, you should first contact firstname.lastname@example.org. If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by Internet here, or by fax at 415-520-3420 or mail to TRUSTe Safe Harbor Compliance Dept., click for mailing address. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, click here or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.