Thank you for using OMGYES! OMGYES is created by For Goodness Sake. (“we”). These Terms of Service (“TOS”) govern the use of OMGYES online at OMGYES.com and on mobile devices (collectively, “OMGYES”).

These TOS represent a binding contract between you and For Goodness Sake, and by creating an account or otherwise accessing OMGYES, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS CLAUSE CONTAINED IN SECTION 11. The TOS incorporate the provisions of the Privacy Policy, so please review them carefully as well. If you do not agree to be bound by the TOS, you may not use or purchase OMGYES.

1. Your Account Information and Email

OMGYES provides videos, images, graphics, text and interactive simulations to be used by responsible adults, to inspire and offer insight. When you create an account, we require you to provide information about yourself, including an email address where we can contact you. This need not be your primary email address - just an account where you can receive necessary transactional emails.

Some OMGYES features either now or in the future may allow you to post or submit content and materials for publication on OMGYES (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer OMGYES or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.

You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.

2. Adults Only

The videos, images, text and simulations on OMGYES.com are intended to be used by responsible adults, to inspire and offer insight. You must be at least 18 years of age to use this site.

You certify that the sexually explicit material on OMGYES.com is for your own personal use and you will not expose minors to the material. You certify that you desire to view and interact with sexually explicit material. You certify that you believe that masturbation and sexual acts between consenting adults are neither offensive nor obscene. The viewing, reading and downloading of sexually explicit materials does not violate the standards of your community, town, city, state or country. You are solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material in this site. Furthermore, neither this website, nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. You agree that by viewing and using the content on OMGYES.com, You are subjecting yourself and any business entity of which you have any legal or equitable interest to the personal jurisdiction of the State of California should any dispute arise at any time between this website and yourself and/or such business entity.

You've read and fully understand the above agreement, and you affirm and swear that viewing/downloading/receiving sexually explicit materials does not violate the standards of your community, that you won't make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials, that you are wholly liable for any legal ramifications that may arise for your receiving or viewing of these materials.

3. Intellectual Property

OMGYES is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store OMGYES content in any form outside of OMGYES and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any OMGYES content. You agree that all videos, images, text, data and algorithms in our site and our simulation files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in OMGYES. All intellectual property rights in OMGYES are, as between you and For Goodness Sake, the sole and exclusive property of For Goodness Sake.

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

4. Your License to Use OMGYES

We are providing you with access to OMGYES pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use OMGYES for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from OMGYES by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use OMGYES. For Goodness Sake reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

5. Restrictions and Prohibited Uses

OMGYES was made to move our culture forward and improve the lives of women, and we are proud of the trust our participants and our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:

• Share your login/password information with others.
• Violate or attempt to violate OMGYES’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of OMGYES systems and networks;
• Redistribute, decompile, reverse engineer, publish, or copy OMGYES, including cracking its flash (.SWF) files;
• Use OMGYES for the purpose of creating a product with a substantially similar look, feel or design;
• Access or search OMGYES by any means other than our publicly supported interfaces (for example, “scraping”);
• Interfere with others’ use and enjoyment of OMGYES;
• Use or distribute OMGYES for your own scientific or clinical research purposes;
• Attempt to impersonate another person or use another person’s OMGYES account information without authorization;
• Use OMGYES or any trademarks, game names, trade names, service marks, copyrights, or logos of For Goodness Sake, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
• Violate any third party’s rights, including intellectual property or privacy rights;
• Threaten, stalk, harm, or harass others; or engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your OMGYES account, and may also subject you to civil or criminal penalties.

6. Disclaimers

You agree that use of OMGYES is at your own sole risk and that OMGYES is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, For Goodness Sake and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding OMGYES, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

For Goodness Sake strives to maintain OMGYES on a commercially reasonable basis and cannot guarantee that you will have access to OMGYES at all times.

OMGYES is not a medical service and is not to be used for the purpose of seeking, and OMGYES is not providing, medical treatment or advice.

7. Limitation of Liability

In no event shall For Goodness Sake or its affiliates, officers and/or employees be liable with respect to OMGYES for (i) in the aggregate, any amount in excess of the fees paid by you to subscribe to OMGYES; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of OMGYES; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.

You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between For Goodness Sake and you. You understand that OMGYES would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

8. DMCA Contact

We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on OMGYES, you may contact our designated agent by email to dmca-complaint@omgyes.com

You must include the following information in your complaint:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on OMGYES;
• Your mailing address, telephone number, and if available, email address;
• A statement by you that you have a good faith belief that the use of the material on OMGYES is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

9. Indemnity

You will indemnify and hold harmless For Goodness Sake, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to OMGYES, Your Content, or the violation of the TOS by you.

Release. You agree that For Goodness Sake and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("released parties"), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any released parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys' fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any release party shall not exceed the fees paid by you to us during your membership. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.

Limitation of Liability. You expressly agree as a condition of using the site that For Goodness Sake and its directors, officers, employees, contractors, agents or sponsors are not responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the site; (ii) any content contained on the site; (iii) statements or conduct posted or made publicly available on the site; (iv) any product or service purchased or obtained through the site; (v) any action taken in response to or as a result of any information available on the site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the site, or (vii) any other matter relating to the site. In no event shall For Goodness Sake have any liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the fees paid by you to us for access to the site. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.

Notices. For Goodness Sake may deliver notice to you under this Agreement or any other published policy on the Site by email or a general notice published on the Site. For Goodness Sake will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email or by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address: Notices, 2930 Shattuck Ave, Suite 206, Berkeley, CA, 94705

CLASS ACTION WAIVER. YOU AND FOR GOODNESS SAKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH FOR GOODNESS SAKE THAT NEITHER YOU NOR FOR GOODNESS SAKE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR FOR GOODNESS SAKE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

10. General

(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the TOS are governed by California law without regard to conflict of law provisions. Except to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in San Francisco County, California as the legal forum for any dispute between them.

(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on OMGYES or by posting an updated TOS on OMGYES at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of OMGYES following the effective date means that you agree with, and consent to be bound by, the updated TOS.

(d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by For Goodness Sake on OMGYES, the TOS shall govern, unless otherwise indicated. Sections 2-10 shall survive any termination of the TOS.

In compliance with the 18 U.S.C. § 2257 rules and regulations, all people appearing on this website were over the age of eighteen years at the time of recording, photography or any visual media appearance. All the records required pursuant to 18 U.S.C. section 2257 and 2257(A) and 28 C.F.R. 75 for all materials contained in the website are kept by the following Custodian of Records:

2257Sentry, LLC 1515 Market Street Suite 1200 - #552 Philadelphia, PA 19102

For Goodness Sake (OMGYES or “We”) knows your privacy is important to you and we are committed to providing a safe and secure user experience. This Privacy Policy is incorporated into the OMGYES Terms of Use and Terms of Service, and applies to the use of OMGYES online at OMGYES.com and on mobile devices (collectively, “OMGYES”), which are owned and operated by For Goodness Sake. This Privacy Policy explains our practices, including your choices, regarding the collection, use, and disclosure of certain information, including any personal information, of our users and individuals whose payment details are used to purchase OMGYES (collectively, “you”).

What Information We Receive From You

Information you provide to us: We collect information you provide to us which includes:

• email address, postal code, and payment method(s). We collect this information in a number of ways, including when you enter it while using our service, interact with our Customer Service, or participate in surveys or marketing promotions;
• information when you choose to provide reviews or ratings, preferences, account settings, (including preferences set in the "Menu" section of our website), or otherwise provide information to us through our service or elsewhere.

Information we collect automatically: We collect information about your use of our service, your interactions with us and our advertising, as well as information and specifications regarding your computer or other device used to access our service (such as systems, mobile devices, computer type). This information includes:

• your activity on the OMGYES service;
• your interactions with our email;
• details of your interactions with Customer Service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings;
• device IDs or other unique identifiers;
• device and software characteristics (such as type and configuration), connection information, statistics on page views, referring source (for example, referral URLs), IP address (which may tell us your general location), browser and standard web server log information;
• information collected via the use of cookies, web beacons and other technologies, including ad data (such as information on the availability and delivery of ads, the site URL, referring link, as well as the date and time). (See our "Our use of cookies" section for more details.)

Information from other sources: We also obtain information from other sources. We protect this information according to the practices described in this Privacy Statement, plus any additional restrictions imposed by the source of the data. These sources vary over time, but could include:

• service providers that help us determine a location based on your IP address in order to customize our service and for other uses consistent with this Privacy Statement;
• payment service providers who provide us with updated payment method information based on their relationship with you;
• online data providers, from which we obtain demographic, interest based and online advertising related data;

You are not required to create an OMGYES account to gain access to many areas of OMGYES. If you do create an account, we ask for certain information to process your registration, including an email address and password. If you purchase an account, our payment processor, Braintree (a PayPal company), requests additional information, including your full name and payment method details. We do not receive or store payment information. You can find more information about Braintree’s privacy policy here (https://www.braintreepayments.com/legal) and more information on Paypal’s privacy policy here (https://www.paypal.com/us/webapps/mpp/ua/privacy-full).

In addition to the information you provide to us, when you use OMGYES, you may automatically submit information about the computer, mobile device, or other devices you use to access OMGYES and about how you use OMGYES. For example, we receive data about the device and browser you are using. We may also receive information such as your language, operating system, device branding and model, the date and time of your visit, the pages you view and the website from which you clicked on a link to OMGYES. We do this to improve the services we offer you.

How We Use Your Information

We use information to provide, analyze, administer, enhance and personalize our services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we use information to:

• Authenticating your login and processing your payments;
• Providing customer support and sending confirmations about your account;
• Protecting our intellectual property or other rights, prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and enforcing our terms (such as monitoring for account sharing);
• Determine your general geographic location, provide localized content, and help us quickly and efficiently respond to inquiries and requests;
• Managing and improving our business, our content, and our simulations; and
• Communicate with you concerning our service (for example by email, and online messaging channels), so that we can send you news about OMGYES, details about new features and content available, and special offers, promotional announcements, and consumer surveys, and to assist you with operational requests such as password reset requests. Please see the "Your choices" section of this Privacy Statement to learn how to set or change your communications preferences.

We may provide you the opportunity to participate in surveys, and those materials may request that you provide personal information or other demographic information. Such information will be used for purposes of the survey and otherwise as described in this Privacy Policy. Please note that participation in these surveys is completely voluntary and you may decline to provide such information.

We also reserve the right to use non-personal information (e.g., de-identified or aggregate data) for any purpose. In these situations, all data is disclosed either in aggregate form or with information that can identify you removed.

Disclosure of Information

We disclose your information for certain purposes and to third parties, as described below:

• The For Goodness Sake family of companies: We share your information among the For Goodness Sake family of companies (https://www.fgsake.org) as needed for: data processing and storage; providing you with access to our services; providing customer support; making decisions about service improvements; content development; and for other purposes described in the “How We Use Your Information” section of this Privacy Statement.


• Service Providers: We use other companies or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process credit card transactions, send emails, or other payment methods, to provide customer service, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services. These third parties may have access to your information only for purposes of performing these tasks on our behalf and we contractually require them to protect your information consistent with this Privacy Policy.


• Protection of For Goodness Sake and others: For Goodness Sake and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment or account fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of For Goodness Sake, its users or the public, as required or permitted by law. We may also disclose your information when we have a good faith belief that disclosure may prevent fraud and abuse of OMGYES or its users or protect our property rights.


• Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Statement.


• Consent: We may disclose your information when we believe we have your consent to do so, such as when you contact customer support and ask us about your account, or when we have the consent of someone we believe is authorized to consent on behalf of you, such as the individual associated with the payment method for your account.

No Disclosure to Third Parties for Their Own Marketing Purposes

We believe in protecting your privacy, and therefore do not provide your personal information to third parties for their marketing purposes.

Your information and rights.

You can request access to your personal information, or correct or update out-of-date or inaccurate personal information we hold about you.

To make requests, or if you have any other question regarding our privacy practices, please contact our Data Protection Officer/Privacy Office at privacy@omgyes.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Please also see the "Your Choices" section of this Privacy Statement for additional choices regarding your information.

We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose us to operational risks such as free trial or account fraud. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this Privacy Statement. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

Your choices

• Email. You can opt out of receiving marketing emails by following the unsubscribe instructions included in each email, but we reserve the right to email you to confirm transactions or to address account issues, such as when you make a purchase, when your password is reset or you contact customer support.


• Interest-Based Ads. Interest-based ads are online ads that are tailored to your likely interests based on your use of various apps and websites across the Internet. If you are using a browser, then cookies and web beacons can be used to collect information to help determine your likely interests. If you are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine your likely interests. For your choices about interest-based ads from For Goodness Sake, please see the "Our use of Cookies" section (below).

Security of Personal Information

We have implemented and maintain reasonable security practices to protect against the unauthorized access, use, modification, destruction or disclosure of your personal information. For example, when you enter sensitive information on forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it, including 256 bit encryption. However, no method of transmission or storage is completely secure, and we therefore cannot guarantee absolute security. If you have any questions about security on our website, please contact us at contact@omgyes.com

Outside the United States Consent to Processing and Transfer of Information

If you access OMGYES outside of the United States, you fully understand and unambiguously consent to the transfer of your personal information to, and the collection and processing of such personal information in the United States.

Additional Information

Links to third party websites. Our website may include links to other sites that may collect personal information, and whose privacy practices may differ from those of For Goodness Sake LLC. We encourage you to review their privacy policies.

Blog.

Our website will offer publicly accessible blogs. Some blog posts allow comments via Facebook. You may need to login or contact Facebook both to post comments and to delete personal information that previously was posted in the comments. You can review Facebook’s privacy policy at this link: https://www.facebook.com/policy.php.

Our use of log files.

Some of the information we gather automatically is stored in log files. This information includes an anonymized internet protocol address as well as browser, internet service provider, referring/exit pages, search terms, operating system, date/time stamp, and clickstream data. We use this information to prevent account fraud, analyze trends, administer and maintain the our services, or track usage of various features within our service.

Our use of cookies.

Like many other companies, we and our Service Providers use cookies and other technologies (such as web beacons), as well as advertising identifiers, for various reasons. For example, we use these technologies to make it easy to access our services by remembering you when you return, to provide and analyze our services. We also use cookies to learn more about our users likely interests, and to deliver and tailor our service as well as our marketing and advertising. We want you to be informed about our use of these technologies, so this section explains the types of technologies we use, what they do and your choices regarding their use. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

1. What are cookies?
   
   Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. They are widely used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization. We use session cookies and persistent cookies. Session cookies allow us to uniquely identify your browser while you are logged in and to process your online transactions. Session cookies disappear from your computer when the web browser is closed or computer is turned off. Persistent cookies make it easier to log into and use our service. Persistent cookies remain on computers after the web browser is closed or the computer is turned off until they expire or are deleted. You can control the use of cookies at the browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our website may be limited. Cookies are not the only types of technology that enable this functionality; we also use other, similar types of technologies. See below for more information and examples.


2. Why do we use cookies?
   
   
• Essential cookies: These cookies are strictly necessary to provide our website or online service. For example, we and our Service Providers may use these cookies to authenticate and identify our members when they use our websites and applications so we can provide our service to them. They also help us to enforce our Terms of Use, prevent fraud and maintain the security of our service.


• Performance and functionality cookies: These cookies are not essential, but help us to personalize and enhance your online experience with For Goodness Sake. For example, they help us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during member sign up). We also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about our visitors' use of the For Goodness Sake services so that we can enhance and personalize our website and service and conduct market research. Deletion of these types of cookies may result in limited functionality of our service.


• Advertising cookies and advertising identifiers: These cookies and advertising identifiers use information about your use of this and other websites and apps, your response to ads and emails, and to deliver ads that are more relevant to you. These types of ads are called "interest-based advertising." Many of the advertising cookies associated with our service belong to our Service Providers.


3. How can I exercise choice regarding cookies and advertising identifiers?
   
   To opt out of interest-based ads from OMGYES please configure the appropriate setting on your device or browser and see more information below. You may still see OMGYES ads on your device, but they will not be tailored to your likely interests.


4. How Do we use Web Beacons and other Technologies?
   
   Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. We and our Service Providers may use them for similar purposes as cookies, such as to understand and enhance the use of our service, improve site performance, monitor visitor traffic and actions on our site, and understand interactions with our marketing (including email and online ads on third party sites). Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies.
   
   We use other technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5 and WebSQL). Like cookies, some of these technologies may store small amounts of data on your device. We may use these and various other technologies for similar purposes as cookies, such as to enforce our terms, prevent fraud, and analyze the use of our service. There are a number of ways to exercise choice regarding these technologies. For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see your browser's help function or support area to learn more.


5. Third party cookies.
   
   Cookies set by us are called "first-party cookies," while cookies set by others are called "third-party cookies." A third-party cookie can recognize your device both when it visits our Services and when it visits certain other websites or mobile apps. We do not control how third-party cookies are used, so you should check the website of a third-party cookie provider for more information about how they are used.
   
   Both first-party and third-party cookies can serve many functions, including analytics, marketing, and advertising. For more information about how you can control advertising or analytics cookies, please see the relevant section below.

The third-party analytics companies with whom we partner, including Google (Analytics, Adwords, and Optimise), Facebook, Mixpanel and Segment, may place a unique cookie or use similar technologies on your browser in order to collect non-personal information about your visits to OMGYES.

We use third-party advertising and analytics tools to help us measure traffic and usage trends for the Service and to share offers with individuals who may be interested in our Services. The Services primarily use the following advertising and/or analytical tools, for which we include relevant privacy information and opt-out options:

• Google Analytics and Google Adwords‍
  ‍Google’s ability to use and share information collected by Google Analytics is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You may also learn more about how Google collects and processes data specifically in connection with Google Analytics. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on.


• Mixpanel
  ‍Mixpanel’s use of information collected through Mixpanel is set forth in the Privacy Policy section of its Terms of Use. You may opt out of Mixpanel’s automatic retention.


• Facebook Pixel and Remarketing Service
  Facebook’s use of information collected is set forth in its Privacy Policy. You may opt out of Facebook’s interest-based ads.


• Segment
  ‍Segment’s use of information collected is set forth in its Privacy Policy, which includes instructions for opt-out.

California “Do Not Track” Notice

We do not track our customers’ personal information over time and across third-party websites to provide targeted advertising and therefore do not respond to "Do Not Track" (DNT) signals.

Referrals and Gifting

We allow you to refer your friends to OMGYES and send OMGYES as a gift, either by manually entering their email addresses or by giving a gift code by other means. If you choose to use these features, we’ll use and store the email addresses only for purposes of sending the gift emails you have requested.

Social Media Widgets

Our website may include social media features, such as Facebook and Twitter buttons. Such features may collect your IP address and information about the page you are visiting, and may set cookies to function properly. Your interactions with these features are governed by the privacy policies of the company providing them.

Change Policy

This Privacy Policy may be updated from time to time. If we make material changes, we will provide notice to you either by email, by posting a notification on OMGYES or by posting an updated privacy policy on OMGYES 30 days in advance of the effective date of the updated TOS. Please note that, for existing users, unless otherwise provided by applicable law, your continued use of OMGYES following the effective date means that you agree with, and consent to be bound by, the updated TOS.

Contacting Us

If you have general questions about your account or how to contact Customer Service for assistance, please contact us at customer-service@omgyes.com. For questions specifically about this Privacy Statement, or our use of your personal information, cookies or similar technologies, please contact our Data Protection Officer/Privacy Office by email at privacy@omgyes.com

The data controller of your personal information is For Goodness Sake. Please note that if you contact us to assist you, for your safety and ours we may need to authenticate your identity before fulfilling your request.