MediaFire Privacy Policy and User Notice

ARCHIVED 2018-06-07, DATE APPROXIMATE · VERSION 20180607_rev01 · COMPARED WITH 20151106_rev01

Full text changes — 20151106_rev01 to 20180607_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+## **Privacy Policy**
+## **MediaFire's Privacy Policy and User Notice**
+This MediaFire Privacy Policy, in conjunction with the [Terms of Service](https://mediafire.com/terms_of_service.php) and any End User License Agreement (EULA) accepted by you, and other terms and conditions of use which are incorporated herein by reference and may be posted and applicable to specific services, collectively referred to as the "Agreement", governs your use of the MediaFire website, Content, apps, software, products and services provided to you on, from, or through the MediaFire website or platform (collectively, the "Services"). MediaFire may modify the Agreement which will become effective immediately upon posting on the website. Your continued use of the website and any associated services, the "Services", indicates your acceptance of the Agreement.
+## Introduction
+Any Content uploaded by you to MediaFire becomes published Content and is not considered personally identifiable information subject to this Privacy Policy.
+MediaFire recognizes and believes that data privacy is essential to all Internet users, and the privacy of your personal information is of the utmost importance to us. We are committed to providing you an experience that is safe, secure, and trustworthy. Part of this commitment means safeguarding and respecting your privacy and your choices.
+Personally Identifiable Information or PII is information about a specific individual, including name, address, telephone number, email address or any other identifier that may be used to identify an individual person. Non-personally identifiable information cannot be used to identify an individual person and includes hashed data, click stream information, browser type, demographics, time and date, the subject of advertisements clicked or scrolled over and other data of interest.
+This Privacy Notice explains what information we collect, how we use it and what choices you have about it, in addition to information on disclosure, retention, and protection of your personal information.
+This Privacy Policy governs your use of the MediaFire Services, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage and disclosure and other uses described in this Privacy Policy. Information may be collected from you in various ways when you use our Services. We automatically receive certain types of information when you interact with our Web pages, apps, services and communications. This information includes your computer, tablet, mobile or other digital device's IP address, access times, your browser type and language. We may also collect information about the type of operating system you use, your account activity, and accessed pages. Personal and non-personally identifiable information from collected data may be shared with third parties who work on our behalf to provide your services. These third party services and unique identifiers may be used to contact you, measure usage and analyze trends, administer the website and collect information for its databases. For example: [Google Analytics Privacy Policy](http://www.google.com/intl/en/policies/privacy/).
+Because we're a technology company, some of the concepts below are a little technical, but we've tried our best to explain things in a simple and clear way. This Privacy Policy gives you an overview of all possible situations in which we could interact together. Of course, all situations may not apply to you.
+We may ask for some personal information when you create an account, including, but not limited to, your email address and a password, which is used to protect your account from unauthorized access. You are solely responsible for safeguarding the secrecy of your password. Any information you choose to provide should reflect how much you want others to know about you. You may review, update, correct or delete personal information or your account on your My Account page. Since our Services are not directed to persons under 13, we do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that "his" child has provided us with personal information without their consent, "he" should delete the account. If we become aware that a child under 13 has provided us with personal information, we will suspend the account. For assistance, [contact our support department](https://mediafire.com/help/submit_a_ticket.php).
+This Privacy Policy, in conjunction with our Terms of Service, collectively referred to as the "Agreement", governs your use of the MediaFire website, Content, apps, software, products, applications, tools and services provided to you on, from, or through the MediaFire website or platform regardless of how your access or use them (collectively, the "Services"). Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services. "User", "You" and "Your" refers to you, the person accessing this website and accepting MediaFire's Privacy Policy and Terms and Conditions. "We", "Us", and "Ourselves" refers to MediaFire. "Party", "Parties", or "Us", refers to both you and ourselves. It doesn't matter if the words are capitalized or not. If you choose not to accept this Policy, please do not access or use our Services or interact with any other aspect of our business.
+Your personal information may be used to correspond with you via email, offer software updates, and enable you to communicate, collaborate and share files. When you choose to collaborate or share files with others, MediaFire will collect the email addresses and information of the other parties. Some information is retained only as long as necessary to provide requested Services; other information may be retained longer so we may provide the Services, comply with our legal obligations and enforce our Agreements. We shall have the right to reference and refer to a relationship with you or your company, which may be determined by the domain used in the registered email account.
+All topics are covered in greater detail below.
+MediaFire is not responsible if you volunteer personal information online that is accessible to the public. You may receive unsolicited messages from other parties or it may be used in a manner that violates the law, your personal privacy or your safety. By submitting such information, you assume the risks and sole liability arising as a result of such information being displayed.
+## Overview
+We want you to fully understand how we may collect, use, and share data relating to you, our legal basis, your rights and the choices that are available to you.
+## This Privacy Policy incorporates:
+- Better navigation and user-friendly language. To make the policy easier to understand, we use clear, plain language and examples that illustrate our activities.
+- Insights into how we acquire your information and how it is used.
+- More control over your information. We provide intelligence on how you can control the information you provide to us. Our policy explains how you can make choices about your information, and the measures we've put in place to keep your information secure.
+- More about using our products for work. Many users have access to our services through their organizations (e.g., their employers), who control their accounts or use of our Services. The updated policy clarifies our relationship to these users and explains the tools available to administrators of these users.
+## What is Personal and Non Personal Information?
+Personally Identifiable Information, commonly referred to as PII, is information that itself may identify a unique individual or can be linked back to an individual, directly or indirectly, by reference to an identifier such as a name, an online or device identifier, an identification number, or location data such as your IP address. In relation to your interaction with MediaFire, personal information, for example, may include information you may purposefully provide such as your name and email address during account registration or your address and financial information if you make a purchase. By visiting our website, we automatically collect your IP address. Upon your request and in order for us to download or distribute any Content uploaded by you to MediaFire, your files become published Content and cannot be considered personally identifiable information.
+Non-personally identifiable information cannot be used to identify or locate an individual person. Examples are: hashed/anonymized/pseudonymized data, click stream information, browser type, demographics, time and date, which advertisements are clicked or scrolled over and other data of interest.
+We will not share personal information about you or any of your Content with any third parties except as described in this Privacy Notice.
+## Who We Get Information From and How Your Information Is Used
+Whenever you use any website, mobile application or other internet service, certain information gets created and logged automatically. The same is true when you visit MediaFire.
+We use your personal information to fulfill our commitment to you and provide you with our Services. In short, it's necessary for us to do these things in order to make our Services relevant, interesting and personal to you. We balance our interests with your rights.
+How we use the information we collect depends in part on which Services you use, how you use them, and any choices you have made about information you provide.
+Below are the specific purposes for which we use the information we collect from and about you.
+You give us information yourself voluntarily, when you:
+- Create and update an account
+    In order to use certain features, you need to create an account with us. We ask for the bare minimum amount of necessary information - your name and email address, a user ID selected by you, and a, hopefully, complicated and very secure password. Then we assign you a unique identifying number in our database.
+    We use this information to authenticate you when you log in and to communicate with you. Communications may be to onboard you to a particular Service to help you become more proficient in using that Service. Or, to send you administrative messages and information, notifications about changes to our Services, and updates to our agreements. Additionally, communications could be about Service features, updates, security alerts, technical notices, support and administrative messages, surveys, offers, promotions, events, and provide other news or information which may interest you or other similar messages.
+- Make a purchase
+    If you purchase a subscription or add-ons, you must provide certain payment and billing data to our payment processing partners, including your name, credit card information, billing address, and zip code. We do store purchase history, billing, and payment confirmation information. We'll email you invoices confirming your purchase
+- Contact us directly
+    If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your messages, and other data about you like your name, email address, location, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern.
+- Interact with our ads
+    Our advertisers gather information when you click on or tap ads or watch videos.
+    The information is used to show you content that's relevant, interesting and personal to you and to tailor advertisements across your various devices. Studying ad results helps us make decisions about our customers advertising preferences.
+- Add names and email addresses to share folders and files
+    To use these features, you provide names and email addresses in order to enable the functionality of the features.
+- Add people or designate an administrator or billing representative for a business account
+    Companies purchase seats on their account for employees or business associates and provide names and email addresses for the person 'occupying' each seat purchased. By necessity, each business account will need to provide contact information for their account administrator and, if different, a billing representative. If you are an individual registered user and the domain of the primary email address associated with your account is owned by your employer and was assigned to you as an employee of that organization, and your organization wishes to establish a business account, then certain information concerning past use of your individual account may become accessible to that organization's administrator or group of users.
+- Share your information from other companies, such as Facebook, Twitter and Google
+    You may allow transmission of your personal information from companies like these, which may be controlled in the settings of each website, not by MediaFire. MediaFire does not ask for information about you.
+- Provide information at an event we sponsor or participate in
+    Your name, contact, and possibly other information, may be recorded on our servers.
+- Your administrator integrates our Services with other services you use
+    To do this, you will need an account.
+- File a DMCA claim with us
+    When you file a DMCA claim, you provide information about who you are. All the info will be kept on our servers.
+- Accept our Terms of Service and Privacy Policy
+    You must accept our agreements in order to use our Services and we record your clicked acceptance.
+- Apply for a job
+    When a person applies for a job with MediaFire thru our website, all information is recorded and maintained on our servers. Applications received in person or by mail will be manually processed and your name and contact information will be entered into forms stored on our servers.
+Our systems and/or third parties may automatically obtain information:
+- Third-party platforms you connect with
+    An example would be logging into MediaFire from Facebook. We need to ensure it's you, so information is passed to us. You should review the privacy policies of every website you visit. Websites use cookies to track users and gather information.
+- Information about your device(s)
+    Information about your IP address, device make, model, operating system, version, and data connection type, and platform, in addition to other specifications and information will be automatically gleaned during contact with our Services.
+    We may send you push notifications from time-to-time in order to provide updates and other relevant messages related to our Services. These may include information and in-app messages about, new services, new features, etc.
+    Devices are discussed in more detail below.
+- When you upload, download, collaborate, share files or otherwise interact with our Services
+    These actions also are subject to the next point below - 'When you interact with our website or mobile app or API'.
+    You can create content, which may contain information about you, and grant permission for others to see, share, edit, copy and download that content based on settings you or your company administrator (if applicable) select. Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. Under certain circumstances, when you share a file, your display name and profile picture may be displayed on that page, and Service users with permission to view the page can view your profile information as well. You can confirm whether certain information is visible from within the Services by contacting us or your administrator (if applicable). Please be aware that any Content posted, including information about you, by you or anyone with access to the Content, that Content may be publicly viewed and indexed by and returned in search results of search engines.
+- When you interact with our website or mobile app or API
+    MediaFire is always looking for ways to make our Services smarter and faster, and more innovative and useful to you. We use collective learnings about how people use our Services so we may identify areas for integration and improvement, and feedback provided directly to us to troubleshoot our Services.
+    To that end, when you interact with us, or really any technology service today, information is gathered to help us fulfill our commitments to you to provide and protect our Services and you. To do that, we need:
+    **Information about your behavior on MediaFire:** including, login details, date/time of visits, page view data, URL of the Web page you visited before navigating to us, referring/exit pages, click data, features you use, types of advertisements you interact with, duration of your visit, the sizes and names of the files or folders you upload, download, share or access.
+    We use this information to personalize and improve our Services, by analyzing who we appeal to, activity patterns and trends, develop new products and services, and test and analyze new features by providing features to some users before rolling the feature out to all users. For example, by logging how often people use two different versions of a feature, we can understand which version is better.
+    **Information about your devices** plus your browser information, browser history, IP address, the Internet Service Provider (ISP) you use, your geolocation and system configuration information is recorded.
+    This information can help us identify unique users across multiple devices so we can monitor and analyze traffic and trends and track usage and activities in connection with our Services. We use general location information to provide country based advertising (e.g. US-based advertising, if you are in the US). We also perform studies necessary to ensure the safety and integrity of our site and mobile applications, monitor and improve the information security, and to facilitate the Services' technical functioning, including troubleshooting and resolving issues.
+    Information may be used as required or permitted by law, or as we, in our sole discretion, otherwise determine to be necessary to ensure the safety and integrity of our users, employees, third parties, the public, or our Services.
+Other companies give us data:
+- We may collect info from third party services we contract with
+    We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing and fraud detection, analysis and other services for us, which may require them to access or use information about you. We select only well-established and trusted service partners to access information about you to perform services on our behalf.
+- Information related to your use of third-party services
+    The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.
+    Have you ever searched for information on a mailbox and then when you visit other websites you see ads for mailboxes? We contract with advertising companies that will use your previous search history and clicks to provide advertising of specific interest to you. Your interests and interactions with ads are not stored on our servers, but we do benefit from this practice. After all, ads help support our website and the experience should be of interest to you.
+- When you engage in an online survey initiated by us
+    From time to time, we may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve our users, as a whole, by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Website, various types of communications and/or promotional activities, and innovations in products and other service offerings we might contemplate.
+- From a social media website
+    We allow you to use social media sites to create your MediaFire account, sign in to us, or to connect your account with the social media site. Social media sites may give us automatic access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or have clicked on, etc.).
+    To sign in from a social media website, such as Facebook or Twitter, information is shared between us to authenticate your identity. Those platforms and services make information available to us through their APIs. The information we receive depends on what information you or the platform or service decide to give us. The information we get from those services depends on your settings and their privacy policies, so please check what those are.
+    If you click on a link provided via a social media plugin, you are voluntarily establishing a connection with that respective social media site. Services, like Facebook, give you the option to post information from your account with them. The social media features on our website, like the Facebook Like Button, may allow the third-party social media provider to collect things, such as, your IP address and which page of our Services you're visiting, and to set a cookie to enable the feature (e.g. Like Button). Your interactions with these features are governed by the social media's own privacy policy.
+    You should be aware that any information you provide on social media websites, community forums and publicly accessible blogs, including profile information associated with the account you use to post the information, may be read, collected, and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services.
+## Device Information
+We automatically receive certain types of information when you install, access, update, or use our Services. This information includes your computer, tablet, mobile or other digital device's unique identifier, manufacturer and model, operating system and version, screen size and resolution, mobile network and status (WiFi, etc.), application version including installation and updates info, settings, and crash data that helps us understand when something breaks. Whether we collect some or all of this information often depends on what type of device you're using and its settings. For example, different types of information are available depending on whether you're using a Mac or a PC, or an iPhone or Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
+We use this information to determine what types and version of devices, etc. are accessing our Services. After all, we have to write software to accommodate various platforms, versions, etc. We have to keep up and necessarily sunset unused code.
+This Privacy Policy governs your use of the MediaFire Services, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage and disclosure and other uses described in this Privacy Policy. Information may be collected from you in various ways when you use our Services. We automatically receive certain types of information when you interact with our Web pages, apps, services and communications. This information includes your computer, tablet, mobile or other digital device's IP address, access times, your browser type and language. We may also collect information about the type of operating system you use, your account activity, and accessed pages. Personal and non-personally identifiable information from collected data may be shared with third parties who work on our behalf to provide your services. These third-party services and unique identifiers may be used to contact you, measure usage and analyze trends, administer the website and collect information for its databases. For example: [Google Analytics Privacy Policy](http://www.google.com/intl/en/policies/privacy/).
+## Our Policy Concerning Children
+MediaFire's Websites and Services are not intended for, nor designed to attract, individuals under the age of sixteen and we recognize the privacy interests of children.
+We realize that children have access to the internet and visit websites. However, if you are under the age of 16, please do not submit any personal information through our Websites or Services.
+We encourage parents and legal guardians to monitor and take an active role in their children's online activities and interests and to help enforce this Policy by instructing their children never to provide personal information through Websites or Services without their permission.
+If a parent or guardian becomes aware that "his" child has provided us with personal information, "he" should delete the account. If we become aware that a child under 16 has provided us with personal information, we will take responsible steps to delete the account. For assistance, [contact our support department](https://mediafire.com/help/submit_a_ticket.php).
 If you are not a resident of the United States, you understand and agree that MediaFire stores and processes your information on computers located in the United States, and by providing any data to MediaFire, you consent to the transfer of such information to the United States.
 We will not rent or sell your personally identifiable information with third parties. However, we may disclose your personal information or any of its log file information when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) co-operate with the investigations of purported unlawful activities; (c) identify persons who may be violating the law or legal notice; (d) protect and defend the rights or property of MediaFire or third parties; (e) protect the safety of an individual or group; (f) prevent fraud or abuse of MediaFire or its users.
 We utilize API, SDK, "cookies" and other technologies to collect information and improve our Services. A cookie is a small data file that we transfer to your digital device. We may use "persistent cookies" to save your registration ID and login password for future logins to the Service. We may use "session ID cookies" to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept or delete cookies, however, you may not be able to use all aspects of the Service or be able to access your uploaded files if you have not already created a registered account. We also employ HTML5 technology and, by default, local storage which you can disable on your My Account page. You are solely responsible for the privacy and security of your digital devices receiving this technology.
 Third-party websites or services linked to MediaFire are not covered by this Privacy Policy. MediaFire is not responsible for the privacy practices of the third-party websites and companies or what they do with your information. You should make sure their privacy policy is acceptable to you. These websites may collect personally and non-personally identifiable information about you utilizing cookies, web beacons, log data analysis, API, SDK, JavaScript, pixels or other technologies or methods and place cookies on your browser in order to provide advertisement about goods and services likely to be of greater interest to you. To learn more about behavioral advertising practices or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at [http://www.aboutads.info](http://www.aboutads.info/) and Network Advertising Initiative (NAI) at [http://www.networkadvertising.org/choices/](http://www.networkadvertising.org/choices/). You will still see ads if you opt out of behavioral advertising but the ads will be less relevant to you. Also note that deleting browser cookies can remove your opt-out preferences.
 The security of your information is important to us. MediaFire employs measures to protect information collected from loss, destruction, disclosure, unauthorized access, misuse and alteration. Although we strive to protect your personal information, MediaFire cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Sensitive data such as credit card information is administered in compliance with PCI standards. Customers banking and credit card information is stored, transmitted to, accessed and managed exclusively by any third party payment processors MediaFire may utilize.
+In the event that MediaFire is acquired, sold or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from you as part of any change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, MediaFire may not be able to control how your personal information is treated, transferred or used.
+## International Information Transfers
+If you have any questions about this Privacy Policy, contact us by mail c/o Privacy Policy, PO Box 9745, Spring, Texas 77387-9745.
+MediaFire is a United States company and our datacenter is located in the United States. To facilitate our global operations and provide services to you, we transfer information to the United States and allow access to that information other locations outside of your state, province, country, or other governmental jurisdiction, as requested by you, and for the purposes described in this policy.
+Last update: October 21, 2015
+MediaFire transfers personal data only in a secure and lawful way. We always do our best to protect your personal data and once we have received it; we use strict procedures and security features to try to prevent unauthorized access. MediaFire utilizes industry-standard technical, administrative, and physical safeguards to help protect the information on our servers against unauthorized access, alteration, disclosure or destruction. You are responsible for maintaining the secrecy of your own passwords. If you have reason to believe that your password or personal data is no longer secure, please promptly [contact our support department](https://mediafire.com/help/submit_a_ticket.php).
+Your personal information may be transmitted to a third party who may have their servers in a different country, for purposes such as processing transactions, to facilitate payments, and provide support services. As some countries may have laws which are different, and potentially not as protective as the laws of your own country, governing the use and transfer of personal data, we take steps to make sure that our contracted third parties adhere to the commitments set out in this Policy. These steps may include reviewing third parties' privacy and security standards.
+If you have questions concerning the transfer of your information, please contact us at [rivacypay@ediafiremay.omcay](ailtomay:rivacypay@ediafiremay.omcay)
+## Law enforcement, legal proceedings, and in the interest of Others
+Stewardship of your information and data is critical to us and a responsibility that we embrace. However, in certain situations, we may be required to disclose information. Disclosures may be in response to lawful requests by law enforcement, government agencies, courts, or authorized third-parties, to meet national security or law enforcement requirements, respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or defend against legal claims, or as otherwise required by law.
+We may also share personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, situations involving potential threats to property or the physical safety of any person, in connection with an investigation of fraud, intellectual property infringement, piracy, abuse of MediaFire, our Services, or our users, to protect our network and physical assets, and for violations of our Service Agreements, or other unlawful activity.
+## Notification of Modifications to This Privacy Policy
+We may change this policy from time to time.
+Minor changes will become effective immediately upon posting on the website. If there are material changes to this Policy, you will be notified to view the new policy and give your consent. A revised Privacy Policy supersedes all previous Privacy Policies.
+We encourage you to review our Privacy Notice whenever you access our Services to stay informed about our information practices and the ways you can help protect your privacy. If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Website and the Services. Your use of any of our Services after the posting of changes shall constitute your consent to the changes.
+## Business Transfers
+We may assign or transfer this Policy, as well as your account and related information and data, including any personal information, to any person or entity that acquires all or substantially all of our business or assets, or with whom we merge or acquire.
+In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, MediaFire may not be able to control how your personal information is treated, transferred or used.
+You will be notified via email and/or a prominent notice placed on the Services if a transaction takes place, as well as any choices you may have regarding your information.
+## Contact Us
+MediaFire would like to hear from you if you have an unresolved privacy or data use concern, questions or need more information about our privacy practices, would like further information concerning the legal basis on which we collect and use your Information, or if you would like to exercise any of your rights above. Please feel free to contact our privacy team (including our designated personal information protection manager) at [rivacypay@ediafiremay.omcay](ailtomay:rivacypay@ediafiremay.omcay). You can also send postal mail to us at MediaFire, Attn: Privacy, 6606 FM1488, Suite 148-322, Magnolia, Texas, 77354.
+Your right to file complaints with a data protection supervisory authority remains unaffected by also contacting us directly.
+Thank you for choosing to use MediaFire!
+Last update: May 25, 2018