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Baja.com Privacy Policy


Last Updated on December 1, 2011.

 

This Privacy Policy describes our policies on the collection, use, and disclosure of your information in connection with your use of our websites, emails, and mobile applications (“Site”). The terms “we”“us”, and “Baja.com” refers to Baja.com Inc., a Delaware corporation, and all websites and applications owned or controlled by Baja.com Inc., including the website on which this Privacy Policy was displayed. When you use the Site, you consent to our collection, use, and disclosure of your information as described in this Privacy Policy.

1.     INFORMATION YOU SUBMIT.

We may store the information you submit to or through the Site. We use the information to fulfill your requests, provide Site functionality, improve Site quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations. Among the information you submit to or through the Site, please note:

a.     Account Registration: You must provide a valid email address in order to sign up for an Account on the Site. When you sign up for an account on Baja.com, we opt you in to receive emails from other Baja.com users, business owners and Baja.com by default. You can always unsubscribe to emails by clicking Unsubscribe in any email we send. Note that you cannot opt out of receiving required administrative or legal notices. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal by sending an email to info@baja.com.

b.      Public Content: Your reviews, comments, photos, bookmarks, friends, account profile (including your first name and last initial, but excluding your other account registration information), and other content you post to the Site are meant for public consumption. We may display this content on the Site, and further distribute it to a wider audience through third party sites and services.

c.     Messaging: If you exchange messages with others through the Site, we may store these messages in order to deliver them and allow you to manage them.

d.     Credit Card Purchases: If you purchase business advertising or other Baja.com products or services online, we may collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction (such as fulfilling orders and processing credit card payments). When you submit credit card numbers, we encrypt that information using industry standard technology.

For more information on controlling your personal data, please see Sections 4 and 5, below.

2.      INFORMATION WE COLLECT.

In addition to the information you submit to or through the Site, we also collect and store information from and about you in the course of your use of the Site. We use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide the functionality and improve the quality of the Site, and may use it to display relevant advertising. For example:

a.     Location: We may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.

b.     Activity: We may collect and store information related to you and your use of the Site, such as your browser type, IP address, unique device identifier, the phone numbers and names of businesses that you call through the Site, requested URL, referring URL, browser language, the pages you view, and the date and time of your visit;

c.     IP Address: An IP address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. Web servers automatically identify your computer by its IP address. We collect IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our site. When guests request pages from us, our servers log the guests’ IP addresses. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers or others. Some services within our site, such as certain message boards, may display IP addresses along with the message poster’s name and message. Please review each service prior to use and only use those that disclose information you are comfortable with sharing.

d.     Cookies: We may use cookies, web beacons, local shared objects (sometimes called “flash cookies”), and similar technology in connection with your use of the Site (“Cookies”). Cookies may have unique identifiers, and reside, among other places, on your computer, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Site, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Site.

3.     THIRD PARTIES.

We do not rent, share, sell or trade personally identifiable information with third parties for their direct marketing purposes. That said, we work with third parties and they may have access to some of your information:

a.     Advertising: We allow third parties who provide advertising services to use Cookies, as defined above, in connection with your use of the Site. As a result, they may collect and store the same type of information and use it for the same type of purposes as described for Cookies above, and they may be able to associate the information they collect with other information they may have about you. We do not necessarily have access to or control over the Cookies they use. Please note that opting out does not prevent you from receiving advertisements.

b.     Service Providers: We outsource some of our technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services to third parties. We may share information from or about you with them so that they can perform their services.

c.     Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

d.     Business Transfers: We may share information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Baja.com or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

e.      Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users affiliates, or the public.

f.     Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

g.     Facebook and Twitter: If you are logged into Facebook, and you access but are not logged into the Site, we may receive information from Facebook to make it easier for you to create an account on the Site and show you relevant content from your Facebook friends. This information personalizes your experience and helps you create an account on Baja.com. You can also connect your account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We may use the information to help you connect and share public content with your friends and followers.

4.     CONTROLLING YOUR PERSONAL DATA

a.      Other users may be able to identify you, or associate you with your user account if you include personal information in your Public Content. You can reduce the risk of being personally identified by using the Site pseudonymously, though doing so could detract from the credibility of your contributions to the Site.

b.     Please also note that the messages you send or receive using the Site are only private to the extent that you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your personal messages publicly posts it or its contents.

5.     DATA RETENTION AND ACCOUNT TERMINATION

a.     The information we obtain from or about you may be processed and stored in the United States of America and/or Mexico. We may keep it as long as is permitted or required under the law. If you terminate your account, we will remove your Public Content from the Site, but may retain your data for a period of 5 years (or longer if required by law) in our active systems in order to ensure our ability to satisfy the authorized uses under this Privacy Policy. For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Site or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases. You can request that your account be terminated by sending an email to info@baja.com. When logged into your account, you can remove or edit reviews that you have uploaded to the Site by clicking on the respective links below the review. We will respond to requests relating to personal data sent from within the European Union according to the procedures mandated by the member state from where the request is sent. You will receive a response to your request within 30 days.

6.     CHILDREN.

The Site is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at info@baja.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.

7.     SECURITY.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

8.      DISPUTE RESOLUTION.

If you believe that Baja.com has not adhered to this Privacy Policy you may write to the Baja.com General Counsel at either generalcounsel@baja.com or by sending a letter to the following address:

Baja.com Inc.
Attn: General Counsel
PO Box 29502
#99533
Las Vegas, NV 89126
United States of America

9.     SAFE HARBOR ADHERENCE

a.     Questions: Please direct your privacy questions to privacy@baja.com.

b.      EU Safe Harbor: We participate in the EU & SwissSafeHarborPrivacyFrameworks as set forth by the United States Department of Commerce regarding the collection, use, and retention of data from the European Union and Switzerland. Information regarding the U.S.-E.U. & U.S.-Swiss Safe Harbor Framework can be found at: http://export.gov/safeharbor.

10.     SECURITY.

The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. We exercise great care in providing secure transmission of your information from your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we can’t ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. When credit card information is transmitted we use industry standard, SSL (secure socket layer) encryption.

Your Baja.com account is password protected so that only you can access it and view the member information relevant to the account. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or email. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information. Remember to sign out of your account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if your computer is accessible to others or if you share a computer with someone else or are using a computer in a public place.

11.      MODIFICATIONS TO THIS PRIVACY POLICY.

We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our use of your information and will be located here. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy.