Last
Updated May 12, 2008
This Privacy Statement describes the kinds of information,
including, without limitation, the personally-identifiable information (“Personal
Information”) that Kyube, Inc. (“Kyube”, “we” , “us” and/or “our”) collects
through its web site located at www.simplifycms.com and any successor web
sites (the “Web Site”) and through Kyube’s simplify|CMS service (the
“Service”) made available through the Web Site, explains how Kyube uses such information,
describes the conditions under which Kyube may share your information and
provides other relevant details. Your access to and use of the
Web Site is also subject to the Terms of Service.
Information
We May Obtain:
Personal
Information:
When you use the Web Site, you will have the
option of voluntarily providing certain Personal Information, as further
explained below:
Application
Data:
- Information you provide to us on applications and other forms,
that you otherwise enter on the Web Site. This Personal
Information may include items such as:
- Enrollment
Information. To set up your Kyube account, you will need to provide
certain contact information, such as your name, mailing address, email
address, phone number, and password. This Personal Information will also
allow us to contact you about products you have ordered, or products and
services that may be of interest to you, unless you opt out of receiving
these marketing messages (please see Choices Regarding the Receipt of
Marketing Messages below for further information about marketing messages).
Application
Data:
- Information from your transactions with us, such as account
activity and your purchase information once you decide to sign in for or
activate a package.
- Information from third parties, such as institutions like a
credit card company, when you use a credit card to transfer funds to Kyube.
In addition to the Personal Information that you may
voluntarily elect to provide to us through the Web Site, we
may collect certain non-identifiable data from you based
upon your use of the Web Site. Please see Use of Cookies and other
Technologies below for information we receive automatically when you
visit the Web Site.
By
voluntarily providing us with Personal Information, you are consenting to our
use of it in accordance with this Privacy Statement. If you provide Personal
Information to the Web Site, you
acknowledge and agree that such Personal Information may be transferred from
your current location to the offices and servers of Kyube and the authorized
third parties referred to herein located in the
Membership
Accounts, Useful Information and Personal Photos:
We will also ask you for your membership accounts, useful
information that you would like to include, and personal photos that you
would like to upload. The use of such
information and photos are not subject to this Privacy Statement.
Non-Identifiable
Information:
Use of Cookies and other Technologies:
Our web servers place
and read "cookies" on the Web Site's
visitors' computers for a variety of purposes. Cookies are small data files
that are stored on an Internet user's computer by a web server. One important
use of cookies is to help identify you while you are logged in to the Web
Site. Consequently, if your browser does not accept session
cookies, you will be unable to enroll or log in to our service using the Web
Site. You will, however, be able to browse the Web
Site as a visitor. The information Kyube collects from cookies and
web server logs is used to administer the web service and customize
information you receive when visiting the Web Site.
Kyube may also use and share aggregate information from cookies and web
server logs to analyze and improve our web service offerings. This
information does not identify individual visitors or customers.
As is true of most web
sites, we gather certain information automatically and store it in log files.
This information includes the internet protocol (IP) addresses, browser type,
internet service provider (ISP), referring/exit pages, operating system,
date/time stamp, and clickstream data. We use this information to analyze
trends, to administer the Web Site, to track users' movements around the Web
Site and to gather demographic information about our user base as a
whole.
We, certain third parties who host portions of the Web Site,
and certain advertising affiliates or others employ cookies and/or small
pieces of code known as "web beacons" or "clear gifs"
that, on an anonymous basis, count users that have visited a page that
contains these web beacons. We use web beacons to help us better manage
content on the Web Site and to determine which content is effective. In addition,
third-party advertising affiliates and others may use web beacons to help us
track the effectiveness of our advertisements placed on third-party web
sites. Web beacons on the Web Site are not used to collect personally identifiable information
about our customers. Finally, we use web beacons in our HTML-based emails to
let us know which emails have been opened by recipients so that we may gauge
the effectiveness of our communications. If you would like to opt-out of
these emails, please see "Choices Regarding the Receipt of Marketing
Messages" below.
If
you have chosen to receive marketing messages from us about our products and
services, we may use information from our log files, cookies or web beacons
to help us make those communications more useful or interesting to you.
How
We Use Your Information:
We use the Personal Information we obtain in order to develop,
offer and deliver our products and services, to process your transactions,
and to fulfill legal and regulatory requirement, as further described below:
- Management of Your Account.
When you become a member, we use your contact and transaction data to manage
your account.
- Use of Third Parties for Fulfillment
Purposes. We may use certain third parties to provide marketing and
administrative services, such as keeping track of your purchases, analyzing
data or delivering special offers to you on our behalf or on behalf of our
affiliates. In order to obtain these services, we may need to share certain Personal
Information about our members.
- Notification about New Products and
Services. We offer you the opportunity to know about new products and
services available to you on the Web Site through postal mail,
telephone messages and/or email, unless you opt out of receiving them. We may
use the Personal Information you provide to us to provide you with offers
tailored to your expressed interests. Sometimes, we send offers to selected
groups of members on behalf of our affiliated companies. When we do this, we
do not give the contributing company your name and address. If you do not
want to receive offers from contributing companies, you may opt out of
receiving them. On occasion, contests, sweepstakes or surveys on the Web
Site may be co-sponsored by Kyube and another company, or may be
sponsored by companies other than Kyube. Some or all of the Personal
Information collected through these contests, sweepstakes or surveys may be
shared with the sponsor(s) or companies indicated on the entry form. If such Personal
Information will be shared, then there will be a notice prior to the time of
data collection or transfer.
- Use of Personal Information from Third
Parties. We may obtain Personal Information about you from third
parties and may combine this information with the Personal Information that
you supply to us via the Web Site in order to provide you with new products
and services tailored to your interests. You may opt-out of receiving these
offers by updating your account profile at any time on the Web
Site. We may also use Personal Information obtained from third
parties in conjunction with member account and enrollment information for
analytical and audit purposes.
- Use of Non-Personally Identifiable
Information. We may also provide aggregated, non-personally identifiable
information about our members to third parties for audit, marketing and other
purposes. Because aggregated data is not associated with any particular
person, these third parties will not have access to any Personal Information
about you.
How
We Share You Personal Information:
Personal Information about our customers is an important part
of our business. We do not share your Personal Information with third parties
except as permitted or required by law, including as described above and as
provided below:
Licensees. Our business model allows for the
licensing of our technology and accessory creation platform to third parties
that we call “Licensees”. When you use our products and services through one
of these Licensees, we are contractually obligated to act as a service
provider and your contact information is shared with the Licensee. You should
look at the Licensees’ privacy policies to better understand how they will
handle your Personal Information; we will always provide links to these
policies. Should you not wish to participate in a particular Licensee's
program, you can always select another Licensee available through our Service.
[Discussion Point – this
should be apparent to the user at the time the user is signing up to
participate with the Licensee.
Consider an opt-in.]
Agents and Service Providers. In order to provide
our products and services, we may share your Personal Information with agents
and service providers to perform functions on our behalf, such as to send
email and postal mail, provide marketing services, process credit card
payments, and service accounts.
Protection of Kyube and Others. We
may disclose Personal Information about you to third parties when we believe
such disclosure is appropriate to comply with a legal requirement, such as a
law, regulation, court order, subpoena or search warrant, or in the course of
a legal proceeding. We may also disclose Personal Information as we believe
appropriate to enforce or apply our rights under our agreements with
customers, to protect the rights, property or safety of Kyube, our customers
and others, including exchanging information for fraud protection and credit
risk reduction.
Business Transfers. If
there is a change of control in Kyube's business (whether by merger, sale, or
otherwise), its customer information could be sold as part of that
transaction and your Personal Information potentially could be used by the
purchaser. However, if that business materially changes this Privacy Statement
or the information-handling practices as described in this Privacy Statement,
we will post a notice on the Web Site regarding such
changes.
Unless you tell us not to, we may share with our affiliates
all of the information we obtain about you. If you prefer that we not share
your information with our affiliates, you may direct us not to do so by
sending us an email at customerservice@Kyube.com containing your name,
address and email address. Please be aware that we may continue to share any
other information as permitted by law. If we ever make the decision to share Personal
Information with third parties in a manner that is not consistent with this
Privacy Statement, we will notify you by email and/or post a notice on the Web
Site at the time of or prior to such use.
Choices Regarding the Receipt of Marketing Messages:
You may choose whether and to what extent you receive
marketing messages from Kyube about products and services offered by Kyube or
third parties. If you do not wish to receive marketing messages, you may opt
out at any time by updating your account profile. We offer you choices, so
that you receive offers that are of interest to you in the ways you wish. We
reserve the right to send you specific administrative notices that are
required by law, regulation, or as needed to service your account.
Security of Your Personal Information:
We understand the need for our customers' Personal Information
to remain secure and private, and we have deployed industry-recognized
safeguards for the protection of your Personal Information, including:
monitoring for intrusion attempts; SSL (Secure Socket Layer), data, and
password encryption technology; firewalls and systems monitoring; and
security audits and inspections.
Please remember that you also play a valuable part in data
security. You should never share your Kyube password with anyone. If you feel
your password has been compromised, you should change it immediately. After
you have finished using the Web Site, you should log out of your Kyube account and exit your
browser so that no unauthorized persons can use the Web
Site
under your name and account information. As such, you are responsbile
for all activity occuring under your user name and password.
Collection of Information from Children:
None of our products or services are intended for purchase by
children. Accordingly, Kyube does not knowingly collect, either online or
offline, personally identifiable information from children under the age of
13.
Changes to This Privacy Statement:
If we materially change this privacy Privacy Statement, we will notify you by email and/or post a notice on the Web Site and update the date of the last update at the top of this Statement. Your continued use of the Web Site after any changes or revisions to this Privacy Statement shall indicate your agreement with the terms of such revised Privacy Statement.
How can I access and update my Personal Information?
You may access and update Personal Information stored in your
account profile by visiting the Web Site. Please keep your
contact, account, and preference information up-to-date.
What about links to other web sites and contributing companies' use
of information?
Through our various offerings, we may provide links to
third-party web sites. Each of these web sites may have separate privacy and
different data-collection practices from Kyube. We are not responsible for
the actions or practices of these third parties, nor are we responsible for
the content on these web sites. We encourage you to review the privacy
policies of their web sites. In addition, please remember that when you shop
or do any other business with any of our affiliated companies, any
information (including Personal Information) you provide to them is subject
to their own privacy and data collection practices, for which Kyube is not
responsible.
How do I contact Kyube about this Privacy Statement?