The family of a Vietnam soldier believes their son may still be alive.

Robert Borton, Jr.

Missing:

Gender: Male
DOB: 5/24/46

CASE DETAILS

Robert Borton, Sr. was told his son was MIA

Along with 58,000 who lost their lives, the Vietnam Memorial in Washington D.C. also carries the names of hundreds of GIs who are officially unaccounted for.  One such name is that of Robert C. Borton Jr., known as “Curt”.  However, Curt’s family believe his name should never have been inscribed on the wall in the first place.  For Curt’s sister Diane and the rest of his family, they are convinced Curt is alive and living in the United States with a new identity:

“I know my brother Curt’s alive.  I’ve seen him on three separate occasions in Washington D.C.  And I have not one doubt in my mind that that was my brother and he’s very much alive to this day.”

When Curt enlisted in the Marines, he was 19-years-old.  Eight months later, just nineteen days after arriving in Vietnam, he found himself on night patrol near the city of Da Nang.  It was not long after that, that Robert Borton received the visit that every father dreads:

“I didn’t know what to think.  It really hit me hard.  They said he was missing in action, so I had hopes they’d find him right away.  And listening to the news all the time hoping something would come up where they’d found him.  But they never did.  It never happened.”

Robert’s picture was in a magazine

Two years passed with not a single word about Curt’s fate.  Still, the Bortons prayed for a miracle.  And according to Wanda Borton, Curt’s stepmother, in September of 1968, one was delivered:

“We subscribe to a Marine magazine and I was just going through it.  And all of a sudden I see this picture and it just jumped at me like there’s our son.  I wasn’t expecting to see a picture of him.  But it was him.”

The photograph had been taken a full year after Curt was reported missing.  Wanda Borton was convinced the soldier was her son:

“We took it down to the Marine Casualty Office.  And then we got a letter back saying that it couldn’t be him because this didn’t match and that… in other words, they claimed it was not our son.”

Do these photos prove Curt is alive?

Then a few years later, the Bortons came across what they believe was additional evidence.  It was a frame from a 16mm film shot in a Viet Cong prison camp in 1968.  According to Robert Borton, the prisoner looked quite familiar:

“As soon as I saw it, I said there’s my boy again right there.”

However, Major Dave Greco, a spokesperson for the Marine Corps, believed the Bortons were mistaken:

“Each of the service members in that photograph has been positively identified.  We’ve spoken to each one of them.  And none of them is Robert Borton.”

If it had ended with the two photographs, Curt’s family might have dropped the entire matter.  But, the Bortons say there is much more.  According to Robert, in the summer of 1976, he was approached by two strangers who claimed to be agents with the Department of Defense:

“They want to know if for my son’s own personal safety if I’d declare him dead.  I said no I won’t do that.  They told me I’d get a large sum of money.  And I said I’m not concerned about the money… They got in the car and left and they said do not tell nobody… about it.”

But for Major Greco, this proved to be an unlikely scenario:

“We don’t work that way.  We do things in a very professional manner.  We would not approach someone to elicit them to change their son’s status in the public parking lot of a shopping mall.”

Robert was pressured to sign a waiver

Robert claimed that the two men pursued him aggressively over a period of weeks, always confronting him in a public place.  Robert is functionally illiterate, and eventually, he signed their document, without knowing what it said:

“And so I agreed to declare him dead for his own safety. When they told me for his own safety, well then I knew he was alive.”

In the end, Robert received a check for $43,000.  The men swore him to secrecy, but he eventually confessed to his family.  The Bortons then decided to go to Washington D.C. to further investigate Curt’s case.  On several occasions, they were allowed to examine Curt’s official files.  According to Diane, the entries regarding Curt’s death kept changing:

“They had him killed in March or April of 1966.  In 1967, they have a story of him being with an engineer crew and being killed.  They had him killed on paper several times.”

But according to Major Greco, there was a specific reason for the confusion:

“I think a lot of what the families read may be the report of a witness.  These people, Vietnam villagers, are remembering things that happened to them 25 years ago.  So there are often errors in years.  There are often errors in months.  Many times they only understand things from the cycles of planting and harvesting crops.”

The Bortons continued to dig for evidence that Curt was still alive.  In the process, the family believed that someone was becoming increasingly curious about them.  Diane and other family members became convinced that their phones were tapped.  One of Diane’s cousins is certain that the entire family was being watched.  He asked that his identity not be revealed:

“Every morning there would be a car pull out of the office parking lot and they would follow me in to work.  And then I’d find them behind me again on my way home.  After that, for about a month and a half, two months, I wasn’t followed anymore.   And then we started noticing them again.”

As part of his job in a security company, Diane’s cousin often ran routine credit checks.  At Diane’s request, he entered Curt’s social security number in the system and made an unsettling discovery:

“I entered it into the computer and it came back invalid entry.  That number has never been issued.  That same day, I had left work and was headed home and I was approached by someone.  They very pleasantly called me by my name.”

The man was armed and accosted Diane’s cousin at gunpoint.  He told the cousin to forget everything he saw and threatened to harm his family if he refused.  The man left soon after.  According to Diane’s cousin, he was threatened because he had stumbled upon evidence that Curt might still be alive:

“It would seem to fit together that maybe he was used for covert operations.  And in order to keep him from talking about these covert operations, he was given a new identity and instructions not to contact anyone from his past.”

It was shaping up as a scenario right out of a Tom Clancy novel.  But the most mysterious events were yet to come.  In 1990, a full 24 years after Curt Borton supposedly died in Vietnam, Diane moved to a suburb of Washington D.C.  It was there that Diane believed she had a chance encounter with her brother at a gas station:

“I was stunned.  It was my brother and I couldn’t, I didn’t even have time to react…”

The next April, Diane claimed she saw Curt again:

“We were heading down 395.  And a red car pulled up beside us.  I looked over and it was my brother.  It was the same red car I’d seen at the gas station.  He looked at me and he grinned and shot in front of us and like slowed down a little bit.  And then I wrote down the license number.  And then he sped up and zipped over in the other lane and zipped off the exit which was… at Quantico Marine Station.”

Diane traced the license plate number to a man who lived in Virginia, but he claimed to know nothing about Curt.  A few months later, in July of 1991, Diane said that Curt made another mysterious appearance.  By this time, Diane said that at least one of Curt’s war buddies had confirmed that Curt was alive, but that he had come home a disturbed and dangerous man.  When Diane saw her brother again, she did not approach him:

“I had been told that he was potentially dangerous.  I had my two children with me and I just couldn’t take that chance that he could possibly be dangerous and harm my children.  I know now that was a mistake.  If I had it all to do over again, I would’ve turned around, I would’ve faced him, I would’ve talked to him, I would’ve threw my arms around him and hugged him.  But I was afraid.”

Today, the Borton family believes that Curt is or was part of a secret government operation.  Diane, in particular, believes that her brother has attempted to contact the family, in order to let them know that he is alive without endangering himself by exposing his new identity:

“I talked to a man who claims to be a secret returnee.  He said they were allowed to come back as long as they didn’t contact their families or let anybody know they’re back.  The official status was… there were no more live POWs in Southeast Asia.  And they couldn’t bring back live POWs when they’ve already taken the stand that all the POWs are home or dead.”

What happened to Curt Borton?  Despite the official record, his family remains convinced that he is very much alive, and that one day, he will come home.


Watch this case now on Amazon Prime in season seven with Robert Stack and in season one with Dennis Farina. Also available on YouTube with Dennis Farina. Various seasons available now on Hulu.

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29 Comments

  1. skeptic

    One of my favorite cases. But I find it hard to believe about all this stuff the family say happened to them. If a guy put a gun to you in public surely someone walking by would have seen it and alerted authorities immediately. And how she seen him at a gas station but was too quick to react. This is like people who claim to have seen ghosts but they conveniently “forgot their camera” or something, leaving us to just take their word for it with no solid proof.

    Reply

  2. Hadel Toma

    Our government has been leaving behind pows in the Vietnam and Korean war, ofcourse they would cover this up. Our government murders billions of people worldwide and lies about everything and you people doubt this this story? Are you kidding me we as private citizens need to go find the pows ourselves !!

    Reply

    • Boondoc

      I so agree the family has the right to know the truth. I feel so bad for the family, I will do anything I can to help this family, no matter what it takes

      Reply

  3. Anonymous

    If the teeth still remain, can DNA tests be done? Or have been done?

    Reply

  4. Beccaboo

    I don’t think those photos looked like him at all. Unless he got very tanned. I know his parents are clinging onto hope that it was him. I really don’t believe he is alive, I’m sure the guy looked similar but IMO no not him.

    Reply

  5. Barbara

    Is there a paper trail for the check?

    Reply

    • Scott

      That’s what I’ve been wondering. Did he actually receive a check and if so what was it actually issued for. Company who issued it.

      Reply

  6. Michael Borton

    i would love to find out what happen the night he went missing as im a borton family historian but what is left out of this story is at least some bone remains where identified and return to the family from the military .the family refused the remains and said wasnt enough to prove dead. while i would love to see him have survive the war from records provide by other marines ,the villagers who said the say the vc drag the dead bodies off. and the after action reports i have no doubt the men where killed in a ambush that night ,there bodies taken to frighten villagers and demoralize troops. iam very proud of the Borton family tradition of serving in the military and would never want to hurt family members feelings no matter how many generation separated we are but i truly believe he died in Vietnam withe several of his buddies as his side and the military screwed up the way they handle the issue due to the politically times of the late 60’s.
    i pray his and the other 200,000 plus serviceman bodies still missing from all wars some day make it home. best thing you can due is donate if you have family from any war missing donate blood sample for dna to JPAC’s Central Identification ( http://www.dpaa.mil/ )

    Reply

  7. Jay J

    Let him rest in peace!

    Reply

  8. Bill

    There’s only one thing that’s sure about this case — this guy came from an entire family that was blessed with a pretty vivid imagination!

    I am deeply grateful to their son who made the ultimate sacrifice for his country. We owe him and his family a debt we can never repay. But that doesn’t mean we should believe these wild stories based on no other evidence than these people’s say so.

    Reply

  9. Jen

    Remains were identified by genetic testing.

    Reply

    • Brittany Howard

      Yes the teeth where identify to be his butt you can lose your teeth and still be alive. After I had my children my teeth went cried and I had to have all of them pulled and dentures. That being said how are we to know if they didn’t pull his teeth as for means to try to make the family believe she was really deceased. You can live without your teeth

      Reply

  10. Anthony Durrant

    I know of a man whose pictures were used to make it appear that a soldier who had gone missing had survived. This man had a strong resemblance to the soldier in question and apologized to the family later on. We could be looking at the same scenario here.

    Reply

  11. Anonymous

    I believe Robert Borton is Benjaman Kyle.
    Benjaman Kyle (possibly born August 29, 1948) is an American man who is diagnosed with dissociative amnesia and has little recollection of his life before 2004, when he was discovered unconscious in Richmond Hill, Georgia. He is the only American citizen officially listed as missing despite his whereabouts being known.[1] Kyle is white and appears to be in his 50s or 60s.[2][timeframe?] He is 5 ft 11 in (1.80 m) tall and weighs 240 pounds (110 kg).[3] He has graying hair with a receding hairline, and blue-green eyes.[2] For many years after his amnesia Kyle was homeless and had been unable to obtain employment as he was unable to remember his full Social Security number.[4] According to a news article dated September 15, 2015, Benjaman Kyle has now learned his previous identity thanks to the work of a team led by genetic genealogist CeCe Moore and has chosen not to reveal it publicly in order to protect his family members.[5]
    He was said to be in Vietnam and I find it weird he won’t reveal his identity to protect his family, and his age guess is not far off from his real age.
    Benjaman Kyle believes that he was passing through Richmond Hill, Georgia on either U.S. Route 17 or Interstate 95 in late August 2004. He may also have been on the road because of Hurricane Charley, which had hit earlier that month.[6]

    On August 31, 2004 at 5:00 am, a Burger King employee found him unconscious, sun-burnt, and naked behind a dumpster of the restaurant.[7][8] He had three depressions in his skull that appeared to have been caused by blunt force trauma and he also had red ant bites on his body. After discovering him, employees called 911, and EMS took him to St. Joseph’s/Candler Hospital in Savannah. He had no identity document and was recorded in hospital records as “Burger King Doe”. After the incident, no criminal investigation was opened by Richmond Hill police until a friend inquired with the department in 2007. There were no reports of stolen vehicles in the area[citation needed] and local restaurants and hotels did not encounter any individuals matching Kyle’s description.[7] Two weeks later he was transferred to Memorial Health University Medical Center, where records state he was semiconscious.[7]

    After waking up, when he was asked for his name by hospital staff, he remembers that it was Benjaman, but could not recall his last name. He came up with the surname “Kyle” from his police and hospital placeholder name. He had woken up with cataracts in both eyes, which were not fixed until nine months later when a charity raised enough money to pay for an operation. Upon seeing himself in the mirror for the first time, Kyle realized he was around 20 years older than he thought he was.[9]

    After being released from the hospital, Kyle spent several years between the Grace House men’s shelter and hospitals. In 2007 while at The J.C. Lewis Health Care Center he met a nurse who first inquired about his past history.[citation needed] The nurse helped support Kyle financially while he earned about $100 a month mostly doing yard work. While driving her truck in a yard, Kyle discovered that he still remembered how to drive a car. He was diagnosed with dissociative amnesia in 2007 by Jason A. King in Atlanta. King suggested that Kyle’s amnesia dates from August 31, 2004.[10] Georgia Legal Services were unable to obtain medical records for Kyle because Memorial Health requested an $800 fee. A friend contacted Georgia Congressman Jack Kingston for help with the case. To help with Kyle’s identification, Kingston’s office sent DNA samples to the FBI’s National Criminal Justice Information Services Division in West Virginia.

    In 2008 he was invited to appear on the Dr. Phil show. Memorial Health decided to provide select portions of Kyle’s medical records free of charge to the program.

    In March 2011, Benjaman was approached by Florida State University’s College of Motion Picture Arts graduate student John Wikstrom. Kyle moved to Jacksonville, Florida, traveling by foot, in order to be filmed for the documentary.[11] In 2011, with help from Florida State Representative Mike Weinstein, Kyle was able to obtain a legal, government issued Florida Legacy ID. Kyle’s story appeared in a report on News4Jax, which caught the attention of a local business owner who currently employs Kyle as a dishwasher and pays him out of pocket. As of January 2015 he lives in Jacksonville Beach, Florida in a 5 by 8 foot air-conditioned shack provided by a good Samaritan.[11]

    Several online petitions have been created asking lawmakers to grant Benjaman Kyle a new Social Security number. In 2012, an online petition was created on the We the People petitioning system on whitehouse.gov but got only 2/3 of the required signatures by its deadline on December 25 and failed. In February 2015, Colleen Fitzpatrick reported that Kyle had cut off all contact with her when she reported that she was coming close to finding a DNA match.[6] On September 16, 2015 Benjaman announced that his real identity had been found, including his name and family members. He said that he wouldn’t be announcing his name yet for his family’s privacy.[12][13]
    I am fully convinced it is him. His birthday guess was two years off from his real birth year, and his guessed age is two years off, also.

    Reply

  12. Anonymous

    I also don’t think the pics don’t look like him. The one looks Asian and the other – the man’s face shape is more round in my opinion. That said – I don’t think the family is lying about being approached and it is very odd that someone would pay 43,000 dollars to declare him dead. Also the instances of being followed. Very odd case. Maybe the man’s identity was stolen/used and the family’s constant digging was causing issues. But if his identity was being used why would his social security number not come up – unless the man was given a “new” number so the family couldn’t track it. No matter what though – very very strange experiences the family has gone through so something is going on.

    Reply

    • JC

      I agree that the photos do not look like him at all. The chin and jawline of each are different
      The eyes and eyebrows are different too. The eyes are similar, but not quite the same. The only thing that looks close to his is the mouth.

      Reply

  13. LaTasha

    How does the Government deny the men approaching the father but after he signed their document he received a check???? How is it possible that one moment he id dead the next not and when searched a gun is pulled on the cousin. People don’t make this stuff up and the government hides everything in plain sight, wanting us all to believe that they are sincere.

    Reply

  14. Randall Erwin

    I personally dont think the pics look like the first pic of the actual guy. The second pic loks asian and the third looks hawaiian to me. And neither one has a downward slanting left eye like the original guy, hairlines, eyes, facial expressions etc…

    Reply

  15. Paulynn

    That sounds like the goverment.I had a male cuz the came back from nam,but never right in the head again. I was told that he tryed to kill his to youngest sisters,so they put him in the vet hospital.but then his mom my aunt sucked at being a parent so that may have had some help also. My parents said the when nam was over and the men came home the were spit on,for what they had to to.maybe one day there won’t be wars.

    Reply

  16. Annon

    I really want to find out what happened! Most interesting for sure

    Reply

  17. Annon

    This case appeared in the last week or so on UK tv, freeview, channel 66, ‘Unsolved Mysteries’ series. The case was most interesting, and I did feel saddened for the family concerned, but some of the facts presented in the prog were different to the ones reported in your article.

    Diane’s cousin in fact did get out of his car and ask the guy why he was following him, and the guy sped away, a gun was not seen to be used on the programe when Diane’s cousin was threatened, the guy showed his badge, and said ‘what you did today was foolish, dont do it again’, and finally, the tv prog claims that the car was traced to a person residing in Kentucky state, not Virginia, though licence holder did claim the same that he knew nothing.

    I cant comment on whether the facts were right or wrong on the tv prog, but some points were different.

    Reply

  18. Anonymous

    Strange things happen in the military all the time. Bizaree cases like this always resurface. For whatever reason this man was reported MIA. All the effort his family made to find out the truth was derailied or the military told what they wanted them to hear. There are to many holes that indicate he did come back to the united States. Why hasn’t he contacted his family remains a mystery. The military is hiding something and they lied to his family. Why put the family through that grieve. I believe his sister has seen him. Why didnt hw reconize her or acknowledge her is also a mystery. There may never be an answer but Thanks to unsolved mysteries this case will be seen. Hopeful the family will find peace..

    Reply

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  • Other identification information (e.g., photographs)
  • Sensitive Personal Data (e.g., racial or ethnic origin, sexual orientation and disability data) for diversity or accessibility purposes based upon information you provide us.

Personal data is not collected without your providing that information to us.
 

Non-Personal Data
 

We collect information (whether online, by phone, or by paper) that does not directly identify you as you interact with our Sites (“Non-Personal Data”). The types of Non-Personal Data we collect includes, but is not limited to:

  • Site usage (e.g., browsing history, search terms, number of clicks, referring/exit pages, date/time stamp, time on Site)
  • Products and services viewed, including advertisements for such products and services
  • Computer type, operating system and platform type
  • Internet service provider

 

HOW CMP USES YOUR DATA

In addition to the uses described above, we use your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to:


Personal Data
 

  • Identify you when you visit our Sites
  • Provide service communications such as invoices, order confirmations, registrations and customer service messages
  • Provide products, information and services you request or that we think you may be interested in
  • Respond to your emails or online requests for products, services, or information
  • Deliver and process surveys
  • Personalize and improve the usability of the Sites
  • Fulfill and/or deliver CMP products and services
  • Tailor content, advertising and marketing to you
  • We do not publish or aggregate credit card information or personal identification numbers such as social security numbers.


Non-Personal Data


We use Non-Personal Data to improve the usability of our Sites and for other business reasons. We or other third-party companies also use the Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not provide Personal Data to third parties with whom we share your Non-Personal Data. Please note that, when you select an advertising link or other link that takes you to sites not operated by CMP, you may be subject to the privacy policies of these third-party sites.

PERSONAL DATA COLLECTED FROM THE UNSOLVED APPLICATION

We may also obtain demographic and other personally identifiable information (such as your name, email address, password and PIN) that you voluntarily give to us when choosing to participate in various activities related to the Unsolved Application, including chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys. 

 

If you do not turn off your phone’s location services, you may send us your geographic location.  If your camera roll is set to share, you may make your camera roll available to us.  If you have signed up to receive push notifications, you will receive those from the Unsolved Application.

 

HOW WE SHARE YOUR DATA

We share your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to the below:

  • Share data with third parties to fulfill service requests and to perform business functions (e.g., CMP contracts with third parties to provide services on our behalf such as customer support and consulting services; 
  • Share data with third parties as required by law or to protect CMP in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on the CMP; (b) protect and defend CMP’s rights or property; or (c) protect the personal safety of CMP personnel or members of the public in appropriate circumstances.
  • Share data with third parties if CMP and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if CMP undergoes some other change including a change to its corporate form or as part of a bankruptcy proceeding. 
  • Share data with third parties to offer you products and services that may be of interest to you professionally or personally (e.g., apps or software).  Users can request their information to be removed from such lists by contacting us.
  • Share data with third parties under other unanticipated situations, but only with your consent.
  • Share your email address, but only as permitted by the CMP Email Policy, as follows:

Your email address will be used only by the CMP, its entities and CMP vendors performing member services, or offering products on CMP’s behalf.  CMP does not sell or rent email addresses to anyone outside the CMP, nor does CMP share email addresses to unrelated third-parties, affiliates, or CMP members.  CMP also shares your email address with third parties to enable CMP to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data.  Finally, CMP shares email addresses with third parties as necessary for CMP to perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests.

 

HOW YOU CAN MANAGE YOUR DATA WE COLLECT

You can manage your profile and email preferences, including “opting out” of email by contacting us. If you prefer to receive hard copy mailings only from CMP, you can contact us and request to have your name and address removed from the list we provide to third parties.

 

For California residents, please consult the “California Privacy Rights” section for additional considerations. 

 

Our processing of your data is based upon your consent, contract performance (e.g., your purchase of products), legitimate business interest (e.g., direct marketing of goods and services), or compliance with law.  You have the right to object to our processing of your data or to restrict our processing of your data. In addition, if you have consented to the processing of your Personal Data, you have the right to withdraw your consent at any time.

 

CALIFORNIA PRIVACY RIGHTS

In addition to the rights as explained in this Privacy Policy, under California law, California residents who provide personal information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year).

 

To obtain this information please write to us at:

 

Unsolved

4303 Verdugo Ave.

Burbank, CA  91505

 

 Attn: CMP -- California Privacy Law.

 

Please include your full name and address.

 

CANADIAN ANTI-SPAM LAW

CMP complies with the Canada Anti-Spam Law which requires you to opt-in to receive unauthorized Commercial Electronic Messages (as defined under the Canada Anti-Spam Law).

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HOW WE PROTECT PERSONAL DATA

CMP implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Except for membership directories, membership lists and registration lists, and the sharing of information as set forth in this Privacy Policy, we restrict access to Personal Data to certain companies who need the data to operate, develop, or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

 

Unfortunately, no data transmission over the Internet or electronic storage is fully secure. Accordingly, and despite our reasonable efforts to protect your Personal Data from unauthorized access, use, or disclosure, CMP cannot guarantee or warrant the security of the Personal Data you transmit to us, or to or from our online Sites. If you have questions about this Privacy Policy, please contact us.

 

Certain areas of the Sites require the use of a user ID, email address, or password as an additional security measure that helps protect your Personal Data.  To help you protect your privacy, these Sites have tools to help you log in and log out.

ACCESSING, CHANGING AND DELETING PERSONAL INFORMATION

We rely on you to update and correct your Personal Data.  If you are a user of our Sites, subscriber to [CMP product], purchaser of CMP products and services, you can review, update and correct your information directly on CMP’s website or by contacting us using the information in the “Contact Information” section below.

 

Typically, we retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.  This may include retaining your Personal Data indefinitely, even after you are no longer a CMP member, in order to provide you with future marketing opportunities and other purposes, as well as to comply with our legal obligations, resolve disputes, or enforce any of our agreements.  

 

Please note that you can request, at any time, that we delete your Personal Data.  All requests must be directed to the contact in the “Contact Information” section below.  We can decide to delete your Personal Data if we believe that the data is incomplete, inaccurate, or that our continued use and storage are contrary to our obligations to other members, individuals, or third parties.  When we delete your Personal Data, it will be removed from our active databases or anonymized so that the data is no longer identified with you, but the data may remain in our archives if CMP determines that it is not practical or possible to delete it.

Your Personal Data is processed in the United States, where privacy laws may be less stringent than the laws in your country and where the government, courts, or law enforcement may be able to access your data.  By submitting your Personal Data to us, you agree to the transfer, storage and processing of your Personal Data in the United States.

You, as the data subject, have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you believe that the processing of your personal data does not comply with legal requirements.

In the event we determine the occurrence of a data security incident, we will notify you by email, US mail, telephone, or other means as permitted by law.

If you have questions, comments, or complaints concerning our privacy practices or if you wish to change, access, or remove your Personal Data, please contact us as indicated below.  We will attempt, where practical, to respond to your requests and to provide you with additional privacy related information.

Cosgrove Meurer Productions, Inc. is the owner of this Website and retains all ownership rights to the information collected at this Website. Cosgrove Meurer Productions, Inc. reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time. In addition, Cosgrove Meurer Productions, Inc. will notify registered users of changes as they occur.

We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org. Your use of the site constitutes your agreement to accept cookies, beacons and third-party advertising. Cosgrove Meurer Productions, Inc. assumes no responsibility for third-party ads.

ARTICLE 1. Personalization
1.1 We may use the contact information you give us to better tailor your Website experience to your interests, and to send you information about Cosgrove Meurer Productions, Inc. and its services as well as promotional material on behalf of some of our partners. We may use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within Cosgrove Meurer Productions, Inc. in order to enhance your experience on this and other Cosgrove Meurer Productions, Inc. Websites.
1.2 In addition, we may share this information with advertisers or other third parties that are not part of the Cosgrove Meurer Productions, Inc. family on an aggregate or other basis that does not disclose your identity or contact information.

ARTICLE 2. Online Surveys/Contests
2.1 From time to time, we may conduct online surveys and contests. These may ask you for contact information (like name or email address) and demographic information (like zip code or age).
2.2 We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.

ARTICLE 3. Shopping/Commercial Services
3.1 This Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).

3.2 We will use the financial information that you provide to bill you for products and services. By giving our Website your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.

3.3 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.

ARTICLE 4. Public forums
4.1 This Website may make available chat rooms, blogs, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Information disclosed by you or by others enters the public domain and may be freely used by any other persons or entities using the site.

ARTICLE 5. Information Sharing With Third Parties
5.1 From time to time we may enter into a special relationship with another company that is not owned by Cosgrove Meurer Productions, Inc. to provide additional features at this Website. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.

5.2 Also, the nature of some features of our Website may require that we share personal information about you with persons or companies outside of Cosgrove Meurer Productions, Inc. For example, this may occur at a feature that enables you, via our Website, to ask questions of persons or entities that are not part of Cosgrove Meurer Productions, Inc. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.

5.3 With respect to specific registration modules, like contests, we may disclose personal information collected, and we may post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.

5.4 Finally, we may share any of the information collected from you with these other non- Cosgrove Meurer Productions, Inc companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.

ARTICLE 6. IP Address and Log Files
6.1 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.

ARTICLE 7. Cookies
7.1 This Website may use a standard technology called a “cookie” to collect information about how you use the Website. Cookies reside on your computer and help our Website to recognize your computer’s browser as a previous visitor. This information allows us to customize delivery of information. For example, our Website may use cookies to save and remember registration information or preferences that you may have set while browsing the Website, to keep track of your shopping cart, to ensure you don’t see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you do not have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.

7.2 In addition, on occasion our site may also set a “session cookie” which helps us administer the Website. The session cookie expires when you close your browser and does not retain any information about you after it expires.

7.3 Finally, we may also use an ad network provider to help present advertisements on this and other Cosgrove Meurer Productions, Inc. websites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours, and Cosgrove Meurer Productions, Inc. assumes no responsibility for the collection or use of such information.

ARTICLE 8. Banner Advertising
8.1 We have contracted with an ad-service to place banner advertising on our Website. All of the data provided and generated by the ad-server software remains in our possession. This feature of our Website may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information described in this statement.

ARTICLE 9. Children’s Personal Information
9.1 Consistent with the Children’s Online Privacy Protection Act:

9.1.1 This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of thirteen (13).

9.1.2 In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.

9.1.3 In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.

ARTICLE 10. Security of Your Personal Information
10.1 Cosgrove Meurer Productions, Inc. employs reasonable security measures consistent with standard industry practice, for information collected through this Website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our Website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.

ARTICLE 11. Sale or Merger
11.1 If this Website is sold to, or merges with, another company not owned by Cosgrove Meurer Productions, Inc., you should expect that some or all of the information collected from this Website may be transferred to the buyer/surviving company. If so, CMP will seek to obligate the acquiring company to use any personal information transferred by this Website in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

ARTICLE 12. Legal Process
12.1 You should be aware that Cosgrove Meurer Productions, Inc. may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.

ARTICLE 13.  Contacting the Website

13.1        If you have any questions about this Privacy Statement, the practices of this Website, or your dealings with this Website, please contact us at: unsolved@unsolved.com.

ARTICLE 14.  general information

14.1        Choice of Law:  This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California , as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

14.2        Choice of Forum:  You agree that any cause of action you or Cosgrove Meurer Productions, Inc. brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Website and/or the Privacy Statement, shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the commercial rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, who shall be a retired judge, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator’s decision shall be controlled by the terms and conditions of this agreement and any other agreements I may enter into with you, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees.  Each party expressly waives any right to a jury.  Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. 

14.4        If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason unenforceable then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect.  The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Unless expressly provided otherwise, this Agreement is the entire agreement between you and Cosgrove Meurer Productions, Inc. with respect to the use of this Website and shall not be modified except in writing, signed by an authorized representative of Cosgrove Meurer Productions, Inc.

ARTICLE 15.  European Union and Other Foreign Nations

15.1        This Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States.  Cosgrove Meurer Productions, Inc. makes no representation that this Website is governed by or operated in accordance with the laws of other nations.  By using this Website and submitting any personal information, visitors from outside of the United States acknowledge this Website is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.