- U.S. Governing Law.
- What Information Is Collected.
- How Is Collected Information Used.
- Your Choices.
- Text Messaging Marketing and Promotions.
- Sharing and Disclosure of Information.
- Reviewing, Updating or Deleting Information; Settings.
- Protection of Information.
- Your California Privacy Rights.
- Regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”);
- Whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site;
- To all Information (as that term is defined below) collected by the Site (as defined above);
- To our use of combined information if we combine Information (as that term is defined below) collected by the Site with other information we collect from other sources, such as information received from KK (for example, information collected at a physical location), marketing companies or Advertisers; and
- Will remain in full force and effect even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason.
- U.S. Governing Law.
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations.
If you are located outside of the U.S., you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.
- What Information Is Collected.
When we use the term “Personal Information” we mean information that you provide us that identifies you or would allow someone to contact you, such as your full name, postal address, email address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you, including, but not limited to, Device and advertising identifiers and information collected through cookies or other Tracking Technologies or Identifiers (as those terms are defined below). Any Personal Information that is modified to remove your contact information and other information that identifies you or that is replaced with information that no longer identifies you or allows someone to contact you (for example, hashed email addresses or usernames) shall not be treated as Personal Information but shall be treated as Other Information after such modification. (Personal Information and Other Information shall be referred to, together, as “Information”.)
3.1. Information We Collect that You Provide Us.
3.1.1 User Registration; Third Party Social Media Network Sign-On; Single KK Sign-On.
If we offer user registration on the Site, to register as a member of the Site, there may be a few options for you to register: Site Registration (as described below), Third Party Social Media Network Sign-On (as described below) and, if you have previously registered on another KK website, application or other interactive service using one of those methods, Single KK Sign-On (as defined and described below) if offered by this Site. In each case, you are required to either use a pre-existing user name and password (together, your “User ID”) or select a new User ID.
18.104.22.168 Site Registration.
For Site registration, you are required to select a User ID and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested and/or required during the registration process. After you have registered for the Site under Site Registration, we may recognize you when you visit certain other KK websites, applications or other interactive services across Devices (such as when you login) and permit you to use Single KK Sign-On (as described below) to register for and login on such other websites, applications or other interactive services, but please note that other KK websites, applications or other interactive services may set additional or different requirements for membership, such as minimum age.
After you have registered for the Site through SMN, we may recognize you when you visit certain other KK websites, applications or other interactive services and permit you to use Single KK Sign-On (as described below) to register for and login on such other websites, applications or other interactive services.
22.214.171.124 Single KK Sign-On. If you are not already registered for the Site, but are registered on other KK websites, applications or other interactive services through any of the above methods, we may permit you to use your User ID from such other KK websites, applications or other interactive services to register for and log into this Site (“Single KK Sign-On”), but please note that this Site may set additional or different requirements for membership, such as minimum age, than those requirements set by other KK websites, applications or other interactive services.
Also note that, for your online privacy and security, if other people have access to your Device, we recommend you log out of your account after visiting any of the websites, applications or other interactive services that are associated with your account.
3.1.2 In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to participate in commenting, shopping and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, if we offer e-Commerce services on this Site, if you order any of our goods or services through such services, in addition to your name and contact information, we (or our operational service providers that we use to provide the e-Commerce service) may also collect and/or maintain your billing address, shipping address, selections, credit card or other payment instrument information, order number and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL).
The Site may also provide features, functions and/or services powered by an SMN or other third party. For example, Information may be disclosed to an SMN through plug-ins offered by such SMN (such as Likes, Shares or commenting). Please take care when using any SMN or other third party service and familiarize yourself with the SMN’s or other third party’s policies and agreements, if any, that govern such use.
3.1.3 In Connection with Promotions such as Contests and Sweepstakes.
The Site and/or third parties may use “cookies”, “web beacons”, Flash local shared objects and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web. “Cookies” are typically html or browser-based text or other files (and often referred to as browser cookies) that help store information, user preferences and/or user activity. “Web beacons” (also known as image tags, gif, tracking pixels or web bugs) are small pieces of code used to collect data, such as counting page views, promotion views or advertising responses. Flash local shared objects (“LSOs”) (sometimes known as Flash cookies and used if Adobe Flash is used) are text or other files that help store user preferences and/or activity.
These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site (such as your visits to the Site’s webpages, type of browser use, type of operating system used, date and time of viewing, use of our features and purchasing history or preferences) or other websites, applications or interactive services. Through these Tracking Technologies, we may collect such Other Information across multiple sessions on this Site and other websites, applications or other interactive services and may also collect or access your IP address (which is automatically assigned to any Device(s) and/or Device and Internet browser combination you use to access the Site) and/or set or access some other identifier unique to the Device(s), Device platform and/or Device-Internet browser combination you use to access the Site (“Identifier”). For example, we may set a unique alphanumeric Identifier unique to your home computer on Firefox, or access an Identifier provided by a mobile platform, such as the application or advertising Identifiers offered by Apple. Your Personal Information is not collected as part of this process but we may combine any or all of the Other Information we collect using Tracking Technologies and associate it and/or Identifiers with your Personal Information (such as your Single KK Sign-On ID) and/or with other non-personally identifiable unique identifiers assigned by KK or third parties.
3.2.1 The Site’s Use of Tracking Technologies to Collect Information
By visiting the Site, whether as a registered user or otherwise, you acknowledge and understand that you are giving us your consent to track your activities and your use of the Site and other websites, applications or interactive services through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you. See Your Choices section below for more information on how you can withdraw your consent for certain purposes.
We use Tracking Technologies to enable us to collect and then use Information as described in Section 4.2 “Other Information Collected by Us” under “How Is Collected Information Used” below. For example, we use Tracking Technologies to enable Single KK Sign-On, to prevent you from seeing the same advertisements too many times or seeing advertisements too frequently, to tailor your experience on the Site by delivering relevant personalized advertising, email marketing and other content and to record if you have opted out of receiving personalized advertising from us.
3.2.2 Third Parties’ Use of Tracking Technologies to Collect Information
This Site may additionally use a variety of third party advertising networks, data exchanges, data management platforms, supply side platforms, ad exchanges, traffic or audience measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Service Providers”) to, for example, facilitate personalized advertisements (“Customized Advertising”) and/or other content, serve advertisements on the Site and/or measure and analyze advertising or content effectiveness and/or traffic on the Site. Customized Advertising enable us to, among other things, help deliver advertisements to you for products and services that you might be interested in based on your visits to the Site and other websites, applications or other interactive services you have visited.
Third Party Service Providers, as well as Advertisers and other third parties, may themselves set and access their own Tracking Technologies on your Device subject to your choices about those Tracking Technologies (see “Tracking Technologies set by Third Party Service Providers and Advertisers” section below and “More Information on Managing Tracking Technologies” section below) and/or they may otherwise collect or have access to Information about you and your online activities over time and across different websites when you use the Site.
We may also enlist the assistance of Third Party Service Providers so that the Site may set Tracking Technologies. For example, to the extent necessary to provide basic advertising serving services such as controlling how often you see advertisements or ensuring you do not see the same advertisement repeatedly, we may enlist the assistance of such Third Party Service Providers to create, customize or modify Tracking Technologies set by the Site. See also Section 5.2.1 for more information on this Site’s use of Nielsen’s proprietary measurement software to collect and use video viewing metrics and other information.
Except to the extent necessary to provide services to the Site, Third Party Service Providers do not have access to Tracking Technologies set by the Site, but we may provide to Third Party Service Providers certain Other Information collected by Tracking Technologies set by the Site in order for the Site to provide Customized Advertising or in order for the Third Party Service Providers to provide other services to the Site, such as measuring or analyzing advertising or content effectiveness or traffic on the Site. For example, in order to analyze traffic on the Site, we may provide to our Third Party Service Providers certain information we collect about your interaction with the Site along with an Identifier so that the Third Party Service Provider may provide analytics services to the Site.
- How Is Collected Information Used
4.1 Personal Information.
We, and/or KK, use the Personal Information we collect from you in a variety of ways, including:
- Sending marketing and promotional emails, newsletters or, subject to the “Text Messaging Marketing and Promotions” Section below, text messages offering goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, KK or third parties (for example, we may send you an email about a product sold by a third party or about a new KK show);
- Processing your registration with the Site, such as verifying that your email address is active and valid or recognizing you across Devices through Single KK Sign-On as an existing registered member of this Site or another KK website, application or other interactive service;
- Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services you have ordered through e-Commerce services available on the Site or any other transactions you have undertaken with the Site;
- Allowing you to participate in the public areas and/or other features of the Site;
- Responding to your questions or other requests;
- Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;
- Improving the Site or our services and for internal business purposes;
- Tailoring your experience on, and/or otherwise customizing what you see when you visit, the Site and/or other sites, applications or other interactive services across Devices whether owned, operated and/or provided by KK or by third parties (for example, to provide recommendations on content or provide advertisements, emails or other content of more interest to you);
- Saving your User ID or other Personal Information, so you don’t have to re-enter it each time you visit the Site;
- Otherwise to maintain and administer the Site; and
- For other purposes disclosed at the time you provide the Personal Information (for example, as set forth in the Rules for any Promotions you enter).
4.2. Other Information Collected by Us.
We, and/or KK, use the Other Information we collect from you in a variety of ways, including:
- Keeping count of your return visits to the Site or KK’s, Advertisers’ or partners’ sites, applications or other interactive services;
- Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
- Analyzing, determining or anticipating which features, webpages, products and services users like best to, among other things, help us operate the Site and/or other KK websites, applications or other interactive services, enhance and improve our services and the Site and/or other KK or third party websites, applications or other interactive services and display advertising and marketing information on the Site and/or other KK or third party websites, applications or other interactive services (for example, to provide ads of interest to you on the Site or third party sites, to analyze effectiveness of advertisements, to assess the appeal of certain content to our general site audience and to understand your interactions with email messages we send and the content contained in such messages (such as the links clicked on within marketing and promotional emails we send and whether such messages were opened or forwarded));
- Preparing statistics reports;
- Allowing you to participate in the public areas and/or other features of the Site (for example, to enable you to use shopping carts on the Site);
- Improving our services, the Site and/or other websites, applications or other interactive services and for internal business purposes;
- Tailoring your experience on, and/or otherwise customizing what you see when you visit the Site and/or other sites, applications or other interactive services across Devices whether owned, operated and/or provided by KK or by third parties (for example, to provide recommendations on content or provide advertisements, emails or other content of more interest to you);
- Saving certain Other Information for use on your return visits to the Site and making your experience on this Site more convenient for you (for example, to recognize you by name when you return to the Site, to apply certain settings or preferences you have identified on this Site or other KK websites, to save your password in password-protected areas and to save your online game or video player settings);
- Using certain characteristics that you enter about yourself on the Site, such as age or gender, for tailoring the online advertising and/or other content that you see when you visit the Site or other websites, applications or other interactive services whether owned, operated and/or provided by KK or by third parties, whether alone or in combination with other Information;
- Otherwise to maintain and administer the Site (for example, to enable Single KK Sign-On so that you can move between associated KK sites without logging into each site, to prevent you from seeing the same advertisements too many times or seeing advertisements too frequently, to record if you have opted out of receiving personalized content or using IP address to pre-populate registration fields to facilitate your sign-up);
- For the uses described for “Personal Information” above; and
- For other purposes disclosed at or before the time the Other Information is collected.
4.3. Other Information Collected by Third Party Service Providers and Advertisers.
- Your Choices.
5.1. Opting-Out of Certain Uses of Personal Information.
5.1.1 In Connection with Marketing and Promotional Emails and Offers.
You may “opt-out” of receiving marketing and promotional emails from us at any time by using the opt-out mechanism that is contained in each such email. Please note that when you opt-out of receiving marketing and promotional emails from us:
- you are not opting out of receiving newsletters from us (please see Section 5.1.2 below for your newsletter options) and
- you are not opting out of receiving marketing and promotional emails from other KK Brands and you are only opting out of receiving marketing and promotional emails from the KK Brand described in the email.
Please note that, if you deactivate your registration as a member of the Site, you shall continue to receive marketing and promotional emails from the Site unless you subsequently exercise your opt-out options above.
5.1.2 In connection with Newsletters and other Editorial-based Emails.
If the Site offers newsletters or other editorial-based emails, you may opt out of receiving any such newsletter emails by using the opt-out mechanism contained in each such newsletter email. Please note that when you opt-out of receiving any or all newsletters and other editorial-based emails from us:
- you are not opting out of receiving marketing and promotional emails from us (please see Section 5.1.1 above for your marketing and promotional email options) and
- you are not opting out of receiving newsletters from other KK websites, applications or other interactive services and you are only opting out of receiving newsletters from the KK Brand described in the newsletter.
Please note that, if you deactivate your registration as a member of the Site, you shall continue to receive newsletters from the Site unless you subsequently exercise your opt-out options above.
5.1.3 Certain Continuing Rights Regardless of Opt-Outs.
However, even if you exercise your opt-out rights above, we, or KK, may continue to contact you for the other purposes described in the “How Is Collected Information Used” Section above, such as for maintenance and administrative purposes.
5.2 Your Choices with Respect to Tracking Technologies.
5.2.1 Tracking Technologies Set By Third Party Service Providers and Advertisers. Third Party Service Providers and Advertisers may collect Other Information about you when you visit this Site for Customized Advertising to help identify products and services that may interest you and deliver advertising and/or other content tailored to your interests. Your opt-out options regarding these Third Party Service Providers and Advertisers are described below.
- You can opt-out of the use of Other Information for certain advertising purposes by using opt-out tools provided by Google’s DoubleClick tool at https://www.google.com/intl/en/policies/privacy/#infochoicesand provided by certain other Third Party Service Providers as described in our Ad Choices link here. If you use such opt-out tools, your choices only apply to the Third Party Service Providers identified in such links. Please note that, if third party browser cookies are disabled (whether by you or automatically by the browser or Device) or you subsequently delete browser cookies, the opt-out choices you have exercised may not function and you may need to enable third party cookies or opt out again in order for your opt-out choices to function.
- In addition to the Third Party Service Providers described above, these and other Third Party Service Providers and Advertisers may participate in the Network Advertising Initiative’s Opt-Out Tooland/or the Self-Regulatory Program for Online Behavioral Advertising. Please click on the links to these tools to learn more about your choices. Please note that, if third party browser cookies are disabled (whether by you or automatically by the browser or Device) or you subsequently delete browser cookies, the opt-out choices you have exercised may not function and you may need to enable third party cookies or opt out again in order for your opt-out choices to function.
- You may also prevent or exercise choices regarding the use of certain Tracking Technologies for a particular Device and Internet browser combination by using the controls for the Internet browser as described in Section 5, More Information About Cookie Controls. Please note that using those controls may affect Tracking Technologies which are browser cookies but may not affect other Tracking Technologies such as Flash LSOs.
- See the “More Information on Managing Tracking Technologies” section below for additional information about managing Tracking Technologies set by Third Party Service Providers and Advertisers and for information on your choices regarding Identifiers on mobile platforms.
5.2.2. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
- You can prevent or exercise choices regarding the use of certain Tracking Technologies for a particular Device and Internet browser combination by using the controls in your Internet browser as described in More Information About Cookie Controls section below. Please note that using those controls may affect Tracking Technologies which are browser cookies but may not affect other Tracking Technologies such as Flash LSOs.
- See the “More Information on Managing Tracking Technologies” section below for additional information about managing Tracking Technologies set by the Site and for information on your choices regarding Identifiers on mobile platforms.
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising.
Please note that if you exercise the Ad Choices opt-out above, that only applies to the use of the data for Customized Advertising and we may still use the data for other purposes described in Section 4.2 “How is Collected Information Used” above, such as for video playhead tracking and to optimize your video experience.
5.2.3. More Information on Managing Tracking Technologies. With respect to the Tracking Technologies set by the Site, Third Party Service Providers and Advertisers, please note the following with respect to the above opt-out options:
- More Information About Cookie Controls. For the following Internet browsers, you may prevent or exercise choices regarding browser cookies for a particular Device and Internet browser combination by using the controls described in the following:
If your Internet browser is not listed above or you otherwise are having difficulties with the links, you may be able to access controls to:
– Delete existing browser cookies through the “Internet Options”, “Settings”, Preferences”, “Options” or similar menu selection in your browser’s menu or otherwise as directed by your browser’s support feature, which means that all pre-existing browser cookies are deleted but does not prevent browser cookies from being used in the future.
– Disable browser cookies through the same browser controls which means that browser cookies shall not be used in the future but pre-existing browser cookies may not be deleted. Additional information on enabling or disabling browser cookies and other Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Disabling may sometimes be referred to as blocking or opting out of browser cookies and relies on browser cookies to remember your choices. If you delete browser cookies using the controls in your Web browser (as described above) after disabling browser cookies, you may have to disable browser cookies again to re-establish your preferences.
– Choose to have the Device you use to access the Site warn you each time a browser cookie or certain other non-Flash LSO Tracking Technology is being set. (You can later choose to turn-off such warnings.) This may be available through your Internet browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
– Seek additional information from the provider of your Internet browser through your browser’s support features.
The above options may cover browser cookies set by the Site, browser cookies not set by the Site (sometimes called third party cookies) and/or both types of browser cookies. PLEASE NOTE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE OPERATION OF THESE BROWSER COOKIE CONTROLS. ALSO, PLEASE NOTE THAT These browser cookie controls are different from Do Not Track options that may also be offered by certain browsers.
- Many tools discussed above are “Internet browser cookie based.”
This means that such tools rely on cookies to remember your choices. For example, if you delete Tracking Technologies using the controls in your Web browser after disabling such Tracking Technologies, you may have to disable such Tracking Technologies again to re-establish your preferences and, if you exercise opt-outs through the mechanisms described in our Ad Choices link, and then delete or block browser cookies, you may need to exercise your opt-outs through these mechanisms again.
- The tools are “Internet browser and Device-specific” or “Device-specific”
Note that when you exercise your options using controls for the Internet browser, your choices shall only apply to the specific Internet browser on that Device and not across Devices. This means, for example, that if you block or disable browser cookies for Internet Explorer 9 on one Device, this choice shall not block or disable browser cookies when you use Mozilla Firefox on the same Device or on a different Device using Internet Explorer 9. Further, you may need to separately exercise your options for other platforms, such as mobile platform (as described below).
- Automatic Disabling of Third Party Cookies and Effect on Certain Opt-Outs. Some Device manufacturers and/or browsers (such as Safari) may preset their browser to automatically disable browser cookies from websites, applications or other interactive services other than those you visit directly (sometimes referred to as third party cookies) and, if so, the opt-out choices you have exercised with regard to third parties may not function and you may need to enable third party cookies in order for your opt-out choices to function. For example, unless you enable third party cookies on Safari, your opt-out choices made on the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising site and on the Network Advertising Initiative site may not function.
- Limitations Regarding Web Beacons. Web beacons cannot be deleted or disabled using the above opt-out options, but may be affected if such web beacons rely on browser cookies or other deleted or disabled Tracking Technologies to track your activities.
- How to Manage Flash LSOs (sometimes known as Flash Cookies).
Control of Flash LSOs (sometimes known as Flash Cookies) Must Be Handled Separately. PLEASE NOTE THAT THE USE AND STORAGE OF FLASH LSOs TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR INTERNET BROWSER. Deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Service Providers and Advertisers and set by this Site through the above options shall not remove Flash LSOs. For more information about Flash LSOs and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html. If you remove Flash LSOs, you may not have access to certain features of the Site and some of our other services may not function properly.
- Mobile Platforms.
Certain mobile platforms, such as Apple or Google, may offer users choice regarding the Identifiers we, Third Party Service Providers or Advertisers may access and use, which may not be browser cookie based. We encourage you to review and understand the choices that such mobile platforms may provide to you regarding these Identifiers.
- Certain Identifiers.
Certain Identifiers we set may not be deleted, blocked or disabled using the above opt-out options, but may be affected if such Identifiers rely on, or are associated with, browser cookies or other Tracking Technologies.
- Do-Not-Track Signals and Similar Mechanisms.
Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals.
We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for Customized Advertising purposes and the browser cookie controls and other mechanisms described in this Section 5.2.3 and in Sections 5.2.1 and 5.2.2.
- Text Messaging Marketing and Promotions.
When you register for the KK’s Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall the KK be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
We may share your Personal Information with the operational service providers that assist us in delivering Text Services and similar services to you, with KK and as otherwise provided in “Sharing and Disclosure of Information” below.
Please note that you may always send a text message that says “HELP” to receive help on text messaging.
- Sharing and Disclosure of Information.
7.1 Sharing and Disclosure of Personal Information.
We may disclose your Personal Information within the KK family or to third parties under the circumstances described below.
7.1.1 Disclosure to KK; Single KK Sign-On.
In addition to disclosing certain Information to KK in connection with Single KK Sign-On, we may disclose Personal Information to KK for marketing, administrative and/or other purposes.
7.1.2 Disclosure of Certain Information in Postings Intended to Be Disclosed.
Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We shall disclose Posting Information in connection with the display of, and other services relating to, such Posting.
7.1.3 Disclosure In Connection with Co-Branded Services and Features.
7.1.4 Disclosure to Operational Service Providers.
We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We shall refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Personal Information to operational service providers for the purpose of providing services to us.
7.1.5 Disclosure to Certain Other Third Parties.
In addition to the above, we make your Personal Information available to certain third parties in the following limited circumstances:
- When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;
- In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate);
- In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or KK.
7.2 Sharing and Disclosure of Other Information.
- Reviewing, Updating or Deleting Information; Settings.
8.1 Site Registration. If you registered for this Site, generally, you may review, update or delete certain Information collected by the Site by, if you are a registered user of the Site, logging into the Site and using the tools provided to edit such Information. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We shall allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current.
8.2 Single KK Sign-On. If you used Single KK Sign-On to register for this Site, you may also exercise certain privacy settings options by logging into the Site and accessing certain privacy settings that may be offered by the Site. Such privacy setting options may include offering you the ability to manage your profile, limiting how much of your Information is displayed or published to third party sites, setting your profile to private so that some or all of your complete profile is only visible to certain relationships (although certain profile information may always be required to be visible), controlling other display and privacy settings (such as how your profile appears in search results and who may send you email messages) and deleting comments posted to your profile.
Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and shall not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we shall provide to you an explanation of why access cannot be provided and contact information for further inquiries.
8.5 Children or Ineligible Teenagers.
If we, or KK, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of the Site or certain features of this Site (“Ineligible Teenagers”), the child or Ineligible Teenager, or parent or legal guardian of the child or Ineligible Teenager (the “Parent”), may unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a Parent of a minor (a person under the age of 18, or the age of majority in your state).
- Protection of Information.
While the Internet and data transmission over the Internet is not 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions, private communications or Information. While the Internet and data transmission over the Internet is not 100% secure from intrusion, we conduct financial transactions via secured transmissions. We also limit our employees’ access to Information collected by the Site to those individuals who are authorized for the proper handling of such Information and any employee found violating our standards of security and confidentiality shall be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ emails to lead consumers to counterfeit websites, or otherwise respond in a manner that is, designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at [email protected], and then immediately delete the fraudulent email from your computer.
- Your California Privacy Rights.
If you are a resident of the State of California, we provide you with notice and you may choose to disclose your Personal Information to third parties (such as Advertisers) for marketing purposes (see “Sharing and Disclosure of Personal Information” above). Therefore, pursuant to the California Civil Code, the notice and choice we provide regarding disclosure of your Personal Information to third parties for marketing purposes (and this Section) satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes.
If you are a California resident and have additional questions on our sharing of your Personal Information with third parties for marketing purposes, you may send us your questions by email to the Privacy Administrator at [email protected].
All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide complete information.
12.1 Accuracy and Confidentiality.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who may access and use your Personal Information or for what purposes. The Site and KK are in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues shall be available publicly, even without your knowledge or authorization. We reserve the right, in our sole discretion, to set certain limits on the availability of some or all features within our Communities. If you use Single KK Sign-On or SMN, your profile may display Information to the general public, including display name, profile URL and your member relationships, unless and if Single KK Sign-On or SMN allows you to make such Information private. Publicly displayed Information and Postings may be indexed by third party search engines and appear in search results on third party websites.
12.3 Sole Statement.
Copyright © 2017 Kinetic Koncepts LLC. – All Rights Reserved.
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