OMGchat.com PRIVACY POLICY
   
MONDAY September 10, 2009


OMGchat, Inc. (“OMGchat” or “we”) operates the interactive multimedia website www.OMGchat.com. This Privacy Policy describes OMGchat’s use and sharing of personally identifiable information (“PII”-- your full name, email address, mailing address, telephone number, or credit card number etc.) that Members voluntarily provide to OMGchat when they register (also known as “Registration PII”). The Term “User” refers to a Visitor or a Member. This Privacy Policy applies to the services offered by OMGchat, including any OMGchat-branded URL (the “OMGchat Website”), the OMGchat instant messaging service, the OMGchat application developer service and other features (for example, music and video embedded players), and any other features, content, or applications offered from time to time by OMGchat in connection with the OMGchat Website (collectively, the “OMGchat Services”). The OMGchat Services are hosted in the United States.

The OMGchat Website is a general audience site and does not knowingly collect PII from children under 13 years of age.

From time to time OMGchat may modify this Privacy Policy to reflect industry initiatives or changes in the law, our PII collection and use practices, the features of the OMGchat Services, or technology, and such modifications shall be effective upon posting by OMGchat on the OMGchat Website. Your continued use of the OMGchat Services after OMGchat posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If OMGchat materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

COLLECTION AND SUBMISSION OF PII AND NON-PII ON OMGchat

General: When OMGchat collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of OMGchat. OMGchat may also collect PII from you if you choose to participate in OMGchat Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to OMGchat for review.

In addition, OMGchat collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the OMGchat Services, track usage, and for security purposes.

OMGchat Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion.

OMGchat Members can change their Registration PII and Profile Information at any time and can control how Visitors, other Members and OMGchat communicate with them by controlling their account settings, available within the “Settings” portion of their OMGchat profile.

Cookies: Cookies are small bits of information that OMGchat places on your computer. OMGchat uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on the OMGchat Services. Data in cookies may be read to authenticate user sessions or provide services.

Third party advertisements displayed on OMGchat Services may also contain cookies set by Internet advertising companies or advertisers (known as “third party cookies”). OMGchat does not control these third party cookies and Users of the OMGchat Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the “Notice” section below for more information on customized advertising on OMGchat. A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. OMGchat may allow third party pixel tags to be present on OMGchat Services for purposes of advertising, providing services or data and statistics collection.

You can program your computer to warn you each time a cookie is being sent block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the OMGchat Services.

NOTICE: OMGchat WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES

When you voluntarily provide PII to OMGchat, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses OMGchat will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Privacy Policy.

At the time you provide your PII, OMGchat will notify you of your options regarding our use of your PII (See “Choice” below). Except as otherwise described in this Privacy Policy, OMGchat will not share your PII with third parties unless you have given OMGchat permission to do so (See “Use” below).

OMGchat Services may be linked to Internet sites operated by other companies. OMGchat Services may also carry advertisements from other companies. OMGchat is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the OMGchat Services or for the privacy practices of third party Internet advertising companies. Once you leave OMGchat Services via such as a link, access a third party application, or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.

OMGchat Services may also be linked to sites operated by companies affiliated with. Although all Affiliated Companies adhere to the OMGchat Privacy Principles, Users who visit those Affiliated Company sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Privacy Policy.

OMGchat may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. Profile Information you provide in structured profile fields or questions (multiple choice questions like “Marital Status,” “Education” and “Children”) (“Structured Profile Information”), information you add to open-ended profile fields and questions (essay questions like “About Me,” “Interests” and “Movies”) (“Non-Structured Profile Information”) and other non-PII about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. The information used for this feature does not provide your PII or identify you as an individual to third parties.

Some of the advertisements that appear on OMGchat Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of OMGchat Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.

Third party applications created by third party developers may also be available on the OMGchat Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, OMGchat does not control the third party developers, and cannot dictate their actions. When any Member engages with a third party application, that Member is interacting with the third party developer and not with OMGchat. OMGchat encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.

CHOICE: OMGchat WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII

Except as described in this Privacy Policy, OMGchat will get your permission before we use the PII you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your PII with third parties that are not affiliated with OMGchat.

USE: OMGchat’S USE OF PII

OMGchat will only use the PII you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If OMGchat obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.

In order to locate other OMGchat Members that you may already know in the physical world, OMGchat allows Users to search for Members using a member search (i.e., name, city, or email address). OMGchat also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). OMGchat may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via profile settings under “Settings.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.

OMGchat employees, agents and contractors must have a business reason to obtain access to your PII. OMGchat may share your PII with those who help us manage or provide OMGchat Services’ information activities (for example, message board administration, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration.

These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide OMGchat with a specific service and not for any other purpose. OMGchat may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. OMGchat also may share your PII with Affiliated Companies if it has a business reason to do so.

As described in “Notice” above, OMGchat may customize the advertising and marketing messages you receive on the OMGchat Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. OMGchat prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with OMGchat’s advertisers and business partners.

There may be instances when OMGchat may access or disclose PII, Profile Information or non-PII without providing you a choice in order to:

(i)           or defend the legal rights or property of OMGchat, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements);

(ii)           Protect the safety and security of Users of the OMGchat Services or members of the public including acting in urgent circumstances;

(iii)           Protect against fraud or for risk management purposes;

(iv)           Comply with the law or any legal process;

In addition, if OMGchat sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, OMGchat may transfer your PII to the party or parties involved in the transaction as part of that transaction.

When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. OMGchat is not responsible under the EU local data protection laws for Member-posted information.

SECURITY: OMGchat PROTECTS THE SECURITY OF PII

OMGchat uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, OMGchat uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.

ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT OMGchat ABOUT PRIVACY CONCERNS

Whenever possible, OMGchat Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Account Settings” and “Profile Settings”.

You may ask OMGchat to stop using your PII, OMGchat will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local law.

If you would like to communicate with us about this Privacy Policy or OMGchat’s collection and use of your PII please contact us at: Contact OMGchat.