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Terms and Conditions

Use of the Site

Access to and use of this site are governed by these terms and conditions, as well as applicable laws, statutes, ordinances and regulations. By accessing this site, you agree to abide by the terms and conditions set forth below and acknowledge that any other agreements between you and us are superseded and of no force or effect.

We reserve the right to change these terms and conditions at any time. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your use of the site following any modification in these terms and conditions will signify your assent to and acceptance of the modified terms and conditions.

These terms and conditions are effective as of September 21, 2006.

Copyright and Tradement Notice

This site is protected by U.S. copyright laws, and may be protected by the copyright laws of other countries and jurisdictions. Except as specifically permitted in these terms and conditions, any copy, reproduction, display, performance or retransmission of the contents of this site is strictly prohibited. Any use of any trademarks, trade names and logos in which we, our parent, subsidiaries, affiliates, divisions and other companies identified on our web site do business is strictly prohibited absent our prior written consent. In addition, the names, trade names and trademarks of third parties, including our clients, that appear on this site are proprietary to their respective owners and may be used only with their express written permission. We neither warrant nor represent that your use of materials displayed on the site will not infringe upon the rights of third parties.

Unsolicited Materials

Please note that it is our policy not to accept or consider unsolicited creative, production-related or other materials of any kind. We appreciate your cooperation in adhering to this policy.

Disclaimers and Limitation of Liability

Your use and browsing of the site is at your own risk. We make no representations or warranties of any kind as to: (a) the accuracy or completeness of the information or materials on the site and assume no responsibility for any errors or omissions in its content; (b) the availability for use of any copyrighted, trademarked or proprietary materials of third parties that may appear in this site; (c) computer viruses or other bugs that third parties may embed in or attach to this site without our knowledge or consent; (d) any software made available for downloading, copying or other use through this site; or (e) the merchantability, fitness for use, title and/or non-infringement of any or all of the contents of this site. Neither we nor anyone involved in the creation or delivery of this site or whose materials or information appear on this site shall have any liability (whether based on contract, tort, statute or otherwise) for any costs, losses, damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential or punitive), arising out of or in connection with your access to, browsing of or use of this site or any of the contents of this site.

Use of Site Materials

All of our proprietary documents, images, designs and information, including information about our businesses, biographical information of our officers and other public information posted about our company on this site may be copied, reproduced, downloaded and used, provided that: (1) copyright notice in the following form appears on every copy or reproduction of such materials: © 2009, Draftfcb, Inc. Used with permission. All rights reserved.; (2) you only use these materials for non-commercial, personal purposes; (3) you do not alter, edit or condense these materials; and (4) you do not use these materials to ridicule, disparage, harass or annoy anyone. If you would like to use, copy, upload or retransmit any of our proprietary materials, call or e-mail us to request written permission.

The contents of this site may contain documents, images, information and other materials not proprietary to us, such as photographs, clip art, film clips, musical passages, audio track or sound effects elements, or the names, trade names, trademarks, logos or designations of third parties. Any use whatsoever of any these third party materials is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured.

Links

The sites to which links are provided in this site are not under our control. We do not assume any responsibility for the contents of any linked site, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this site and any other site should not be construed as an endorsement by either us or the owner or proprietor of the linked site to the other. Our web site may contain "links" to many sites, and we make every effort to only link to sites that share our high standards and respect for privacy. However, we are not responsible for the content or the privacy practices employed by other sites.

Information Use Policy

We are a major provider of interactive and database marketing services to clients throughout the world. For many clients, we maintain web sites and resident marketing databases, and have access to other information and databases that provide name, address and related demographic information on consumers and businesses throughout the world.

It is our policy and practice to maintain the security and confidentiality of the information we obtain from clients or for the benefit of clients and to help clients to ensure privacy protection.

It is our resolve to:

  • Comply with all applicable federal and state laws and regulations and to comply with prevailing industry ethical standards, in the United States and elsewhere. We monitor privacy issues on a regular basis to assure that changes in legislation, regulation and self-regulation/peer-regulation are included in this policy and are communicated to and understood by our employees.
  • Recognize the rights of consumers worldwide to make choices about the collection and dissemination of information about themselves. For example, in the United States, we use the Direct Marketing Association Mail Preference Service (MPS), Telephone Preference Service (TPS) and E-mail Preference Service (EMPS) to suppress name and contact information upon request. We also encourage our consumer marketing clients to maintain their own name-removal or suppression lists and to use MPS, TPS and EMPS. Where appropriate, we also avail ourselves of privately offered suppression services, as well as data suppression services offered by direct marketing associations of other countries.
  • Train employees to support our Information Use Policy. We will ensure that appropriate employees recognize and proactively manage consumer privacy sensitivities.
  • Ensure that information collected is pertinent to marketing and analytic purposes. We assist customers in choosing responsible data sources and recommend those demographic data elements necessary for their marketing objectives.
  • Apply security measures to safeguard data from unauthorized access, use or disclosure.
  • Work with recognized trade associations that support consumer privacy protection. We actively participate in the U.S. Direct Marketing Association’s efforts to establish industry guidelines that safeguard personal information protection and to advance such a regimen worldwide.
  • Consult with our clients to help improve the accuracy of information they maintain about their customers.
European Union Safe Harbor

We comply with the privacy principles of the "Safe Harbor" framework as set forth by the U.S. Department of Commerce regarding collection, use and retention of personal data from the European Union. The U.S. Direct Marketing Association (DMA) serves as our third-party dispute resolution provider.

If you feel that we are not in compliance with the Safe Harbor principles, first contact our company by mail, e-mail or telephone at:

  • Draftfcb
  • Attention: Data Security Officer
  • 100 West 33rd Street
  • New York, NY 10001-2900
  • Phone: 212-885-3000
  • E-mail: mb.datasecurity@Draftfcb.com

If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact the DMA Safe Harbor Dispute Resolution Program. The DMA will then serve as a liaison to us to resolve your concerns. You can reach the DMA Safe Harbor Program at safeharbor@the-dma.org

  • Safe Harbor Line
  • Direct Marketing Association
  • 1111 19th Street, NW - Suite 1100
  • Washington, DC 20036-3603
  • Phone: 202-861-2445

© 2009, Draftfcb, Inc. All rights reserved.