Privacy Policy for Adobe Youth Voices Site

Dated: February 28, 2010

Adobe Youth Voices ("AYV") is a program for middle-school and high-school youth sponsored by the Adobe Foundation (the "Foundation", "we" or "us"), a California non-profit organization with offices at 345 Park Avenue, San Jose, California, U.S.A. AYV offers digital learning opportunities for youth in underserved communities with the goal of supporting the development of the critical skills they need to become active and engaged members of their communities. AYV operates more than 160 sites throughout the world.

This Privacy Policy ("Privacy Policy") applies to your use of http://youthvoices.adobe.com/ (the "Site"), which is owned and operated by the Foundation. The Site offers educators and other users (collectively, "Users") access to curriculum and other resources that support AYV's mission.

Certain areas of the Sites contain information intended only for Users who register to use the Site ("Registered Users") and we reserve the right to limit these areas to Registered Users. This Privacy Policy addresses our privacy practices relating to general use of the Site, as well as use of the Site by Registered Users.

OUR COMMITMENT TO PRIVACY

We respect the personal privacy of all Users and support initiatives intended to preserve individual privacy on the Internet. This Privacy Policy discloses the current information-gathering, use and dissemination practices of the Foundation with respect to the Site. Please read this Privacy Policy carefully so that you understand exactly what information we collect about you during your visit to the Site, how we may use your personal information, the choices you have about how we use your personal information and what measures we take to protect that information.

By using the Site, you accept and agree to the practices described in this Privacy Policy. Your use of the Site also is subject to and contingent upon your agreement with the Site's Terms of Use which are incorporated herein by reference.

The Foundation welcomes your comments or questions. Please contact us via email at youthvoices@adobe.com.

INFORMATION WE COLLECT

Information That You Provide. The Foundation collects from Users of the Site certain personal information that can or could be used to identify the person to whom the information pertains ("Personally Identifiable Information"). The Personally Identifiable Information that we collect and use is:

You can choose not to provide us with certain Personally Identifiable Information, but then you may not be able to take advantage of many features of the Site, such as downloading resources available on the Site or receiving newsletters.

Unless you provide it to us voluntarily, the Foundation does not independently collect Personally Identifiable Information about you in connection with your use of the Site. When providing Personally Identifiable Information via the Site, please take all reasonable care to ensure that it is accurate, up-to-date, complete and not misleading. Any information that you provide to the Foundation, including Personally Identifiable Information, must be true, current, consistent and relevant for the purpose for which you are providing such information. You must have the authority to provide the information submitted to and through the Site and you understand and agree that we may from time to time use the information submitted to verify such authority.

The Foundation does not wish to receive any Personally Identifiable Information pertaining to any individual unless all requisite permissions have been obtained in advance. You hereby acknowledge and agree that you have full authority to submit the Personally Identifiable Information and other information required for participation in the Site and any other interaction with the Foundation.

Information Collected Automatically. The following types of information are automatically collected via the Site:

Usage Data: The Foundation automatically tracks the IP/Internet addresses of the domains from which Users access the Site. This information is part of the computer contact information provided to the Site's server(s) when Users log in and is not Personally Identifiable Information.

Cookies: "Cookies" are small pieces of data that websites send to web browsers. The Foundation uses cookies to track Users' preferences and personal interests, as well as to evaluate how the Site is used. This information is important to help us develop the correct ordering of screens and to facilitate User navigation. Within the Site, the Foundation uses cookies to authenticate Users, which helps maintain the security of the Site.

USE OF THE INFORMATION THAT WE COLLECT

The Foundation collects Personally Identifiable Information as part of providing the services of the Site and we use the information solely for this purpose. We use this information for the duration of a User's participation in the Site and for a reasonable time thereafter as may be required for legal purposes.

INFORMATION THAT IS PUBLICLY AVAILABLE

Once logged in to the Site, any User can view other Users' Profiles, as well as User Created Content (described above) posted/uploaded by other Users to the Site. Users can shared User Created Content with other Users but, because the Site is restricted to Users, Profiles and User Created Content cannot be shared with anyone who is not a User.

DISCLOSURE OF THE INFORMATION THAT WE COLLECT

Personally Identifiable Information is shared only as described in this Privacy Policy. The Foundation does not sell or rent any information that we collect from Users to third parties, nor does the Foundation use the information collected for any marketing purpose. We do not require that Users disclose more information than is reasonably necessary to use the Site.

We may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf, such as web hosting. Such third parties may be provided with access to Personally Identifiable Information needed to perform their functions but may not use such information for any other purpose and must comply in all respects with this Privacy Policy.

While our primary data center is in the United States, in order to provide service in a timely, cost effective and efficient manner, information provided in connection with the Site may be made available to authorized Foundation staff across our global offices. Any information provided is used in accordance with this Privacy Policy and processed in compliance with the relevant instructions provided by the Foundation.

In addition to other practices described in this Privacy Policy, we may share Personally Identifiable Information and other data as may be required or permitted by applicable legal requirements, including the disclosure of information to the government, law enforcement or other authorities. You should be aware that Personally Identifiable Information also could be accessed if someone unlawfully logged into the Site (for example, by obtaining a User's user name and password or unlawfully "hacking" the Site), despite the security measures adopted by the Foundation. Further, the Foundation can (and by agreeing to the Site's Terms of Use and this Privacy Policy you authorize us to) disclose Personally Identifiable Information when the Foundation determines, in its sole discretion, that disclosing this information is necessary to identify, contact or permit legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Site, the Foundation's rights or property, any User or any third party.

In the event of a sale, merger, liquidation, dissolution or transfer of substantially all of the assets of the Foundation, Personally Identifiable Information and/or other information submitted via the Site may be sold, assigned or transferred to the third party acquiring all or substantially all of the equity and/or assets of the Foundation in order to permit the third party to continue the operation of the Site. By using the Site, you consent to the sale and transfer of your information as described in this paragraph.

CONSENT TO PROCESSING

By using the Site or providing information to the Foundation, you understand and unambiguously consent to the collection, processing, transfer and use of such information, including Personally Identifiable Information, in the United States and other countries and territories, exclusively for the purposes set forth in this Privacy Policy. You hereby consent to the collection, processing and disclosure by the Foundation of your Personally Identifiable Information, to the use of cookies and to the tracking of IP addresses (as described above). Any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personally Identifiable Information to a jurisdiction which may have a different level of privacy protection than that available in your own country.

MODIFICATION OF INFORMATION AND OPT-OUT CHOICES

You have the right to review and have the Foundation modify or delete your Personally Identifiable Information at any time by contacting us at youthvoices@adobe.com

Users also may "opt-out" of certain functions on the Site. Users may opt-out of (1) receiving communications from the Foundation, except for communications necessary for the use of the Site or participation in AYV or (2) any other consent previously granted for a specific purpose concerning Personally Identifiable Information, by contacting us at youthvoices@adobe.com and by mail at Adobe Foundation, Attn: Change of Address/Privacy, 345 Park Avenue, San Jose, CA 95110.

THIRD-PARTY LINKS

This Privacy Policy applies only to the Site. The Foundation and its affiliates operate many other websites for different purposes and in multiple jurisdictions where local laws may apply. The Site may include links to certain affiliated sites and to other unaffiliated educational resource and non-profit websites, including access to content, products and services of such affiliated and non-affiliated sites ("Other Sites"). When you click on a link to these Other Sites, you leave the Site. Prior to accessing Other Sites or non-Foundation content via the Site, we urge you to familiarize yourself with the privacy policy and other terms of use for each Other Site prior to submitting any Personally Identifiable Information. The Foundation takes no responsibility for the compliance or non-compliance by any Other Site with any privacy law or undertaking.

CHILDREN

The Site is a general audience site and is not intended for children under 13. The Foundation requires that only persons 13 years of age or older use the Site. By using the Site, you hereby represent that you are at least 13 years old.

The Foundation does not knowingly market to, solicit information, accept service or collect information from children under the age of 13. The Site may ask Users for their birth dates to ensure that the Sites are not collecting information from children under age 13 or to identify when additional steps may need to be taken in connection with information collected from children under age 18. When the Site has actual knowledge that it collects information from children or offers a service directed toward children, it will comply with applicable laws, including the U.S. Children's Online Privacy Protection Act.

DATA SECURITY

The Foundation is concerned with the security of the Personally Identifiable Information and has in place adequate security measures to prevent unauthorized access to that information. These measures include policies, procedures, and technical elements relating to data access controls. In addition, the Foundation uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as Personally Identifiable Information.

CHANGES TO THIS PRIVACY POLICY

The Foundation reserves the right to revise this Privacy Policy by posting the revised Privacy Policy on the Site. We will provide notice of any material change to the terms of this Privacy Policy by posting a "New Privacy Policy" (or similar formulation) link on the Site's home page. The Foundation also will notify each Registered User by sending an e-mail to the e-mail address provided to the Foundation as part of the Registration Information. The Foundation will offer you the opportunity to opt-out of any materially changed Privacy Policy. The Foundation encourages you to bookmark this Privacy Policy and to periodically review it to inform yourself of changes to it or any of the Foundation's other policies.

Any changes to this Privacy Policy will become effective upon the posting of the updated Policy. Use of any of the Site constitutes your acceptance of the terms of this Privacy Policy then in effect.

NO RIGHTS OF THIRD PARTIES

This Privacy Policy does not create rights enforceable by third parties.

CALIFORNIA PRIVACY RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1798.83

If you are a resident of California ("California Users"), in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from the Foundation regarding the manner in which the Foundation shares certain categories of Personally Identifiable Information with third parties for their direct marketing purposes.

Under the law, however, a business is not required to provide this information if it adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying California Users of their rights to prevent disclosure of personal information and providing a cost free means to exercise that right. The Foundation does not share Personally Identifiable Information with third parties for their direct marketing purposes.

QUESTIONS ABOUT THIS PRIVACY POLICY

The Foundation welcomes your comments or questions. Please contact us via email by sending us an email to youthvoices@adobe.com or by sending a letter to:

Adobe Foundation
Attn: Patricia Cogley
345 Park Avenue, Mailstop E9
San Jose, California 95110 USA
Fax: +1 (415) 832-2512

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