Effective Date: July 1, 2018
Your Choices and Your CA Privacy Rights
You have certain choices regarding information collection and communications options explained here [Link to Section 11], including:
- California residents have certain privacy rights detailed here; [Link to Section 12]
- Although Kumo does not look for or respond to “do not track” signals, you can find information on Tracking Technologies here [Link to Section 1.B] and certain choice options regarding Tracking Technologies here; [Section Link to Section 11]
- Your options regarding accessing and changing certain of your Personal Information are available here; [Link to Section 10]
- Your options regarding promotional communications are explained here [Link to Section 11]; and
- Children’s and minors’ privacy rights, and notice to parents of these rights, are explained here. [Link to Section 9]
Collection of Information
- Kumo may ask you to provide Personal Information (g., name, address, e-mail, phone number, etc.), as well as other information (e.g., gender, interests, etc.), which may be required to access certain content, features, and functionality. More [Link to Section 1.A]
- Kumo and third parties may collect information from you automatically as you access the Service (g., information about the devices you use to access the Service and your usage activities). More [Link to Section 1.B]
- The information Kumo receives via the Service may be combined with information Kumo receives from third parties and sources outside of the Service. More [Link to Section 1.C]
- Kumo’s policies and practices regarding Personal Information collected from children are explained here. [Link to Section 9]
Use of Information
Sharing of Information
- to deliver and improve Kumo’s services;
- for Kumo’s or third parties’ marketing and other purposes;
- in connection with corporate transactions (g., merger or sale);
- to display your posts or send your messages (More [Link to Section 5]);
- in connection with your use of Third-Party Services (More [Link to Section 6]); and
- in connection with sweepstakes, contests and promotions (More [Link to Section 4]).
Kumo obtains your consent (e.g., opt-in, opt-out), however, before knowingly sharing Personal Information with third parties (other than Kumo Affiliates) for their own direct marketing purposes.
Kumo may share your non-Personal Information, aggregate and/or de-identified information about you except as prohibited by applicable law.
Questions and How to Contact Kumo
1. INFORMATION WE COLLECT
A. Information about You that You Provide to Us
Kumo, and/or its agents, vendors, consultants and other service providers (collectively, “Service Providers”), may collect information you provide directly to Kumo and/or its Service Providers via the Service. For example, Kumo collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, respond to surveys, correspond with us through e-mail or otherwise, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (as defined below) you may be able to provide information to those third parties. For more information on Third-Party Services’ data collection and practices click here. [Link to Section 6] For more information on Service Provider data collection and practices click here. [Link to Section 3]
Kumo, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service (e.g., traffic data, location data, or logs), and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, as otherwise set forth in an applicable Customer Agreement, or to the extent Usage Information is combined by or on behalf of Kumo with Kumo-Collected PI, Kumo does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Kumo-Collected PI.
For more information on Third-Party Services’ data collection and practices click here. [Link to Section 6] For more information on Service Provider data collection and practices click here. [Link to Section 3] For information on choices some of these third parties may offer you regarding automated data collection click here. [Link to Section 11]
The methods that may be used on the Service to collect Usage Information include:
- Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
- Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods, entity tags and other tracking technologies now and hereafter developed (collectively “Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your device for an extended period of time. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked, and as a result, some features and functionalities of the Service may not work.
Technically speaking, cookies are called “HTTP cookies.” There are other technologies that can be used for similar purposes, such as Flash cookies and HTML5 Local Storage. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 Local Storage. Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. When you are using our Service offline, we may store information related to how you used the Service on your device and then transfer it to our servers the next time you connect online to our Service. The Service may associate some or all of these types of cookies with your devices.
- Web Beacons (“Tracking Pixels”)
Web beacons are small graphic images or other web programming code (also known as “web bugs,” “1×1 gif,” “tracking pixel,” “pixel tags,” or “clear gifs”) which may be included in our Service’s web pages and e-mail messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
- Embedded Scripts
An embedded script is a programming code designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your device from Kumo’s web server, or from a third party with which Kumo works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
- Location-identifying Technologies
GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you, or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Service, your device location may be tracked.
Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
- Device Recognition Technologies.
Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”)
- In-App Tracking Methods
There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.
- ETag or Entity Tag
An ETags (or Entity Tag) is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
There may be other Tracking Technologies now and later devised and used by us in connection with the Service.
Some information about your use of the Service and certain Third-Party Services may be collected using Tracking Technologies across time and services, and used by Kumo and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third-Party Services. See Section 11 [Link] regarding certain choices regarding these activities. Kumo is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 [Link] so that your consent to encountering them is meaningfully informed.
C. Information Kumo Collects From Partners And Other Sources.
2. HOW WE USE THE INFORMATION WE OBTAIN
- To allow you to participate in the features we offer on the Service;
- To process and facilitate billing and delivery of Services;
- To facilitate, manage, personalize, and improve your online experience;
- To transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
- To market Kumo;
- To improve the Service and for any other internal business purposes;
- To tailor our marketing, content, advertisements, and offers;
- To fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
- To determine your location and manage digital content rights (e.g., territory restrictions); and
- To prevent and address fraud, breach of policies or terms, threats and/or harm.
3. INFORMATION WE SHARE WITH THIRD PARTIES
Except as may be explicitly set forth in an applicable Customer Agreement, Kumo may share non-Personal Information, and Personal Information that is not deemed Kumo-Collected PI hereunder (provided that Kumo is aware of no restrictions of Kumo’s use of such information, if any), with third parties or any entities that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with Kumo (“Affiliates”) for any purpose. Kumo’s sharing of Kumo-Collected PI is, however, subject to the following:
- Marketing: Subject to your communications choices explained in Section 11.D [Link], and the rights of California residents explained in Section 12 [Link], we may use your Personal Information to send you marketing communications. We also may share your Personal Information with vendors, contractors, third parties, Affiliates or partners in the normal course of business their own direct marketing purposes. For more information on California law in this area, refer to “Your California Privacy Rights” in Section 12. [Link]
- Your Disclosure or Consent: As more fully described in Section 5 [Link] (Information You Disclose Publicly or to Others) and Section 6 [Link] (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Kumo-Collected Personal Information (as well as your other Personal Information and your non-Personal Information) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third party data receipt and collection is subject to the privacy and business practices of that third party, not Kumo.
- To Kumo’s Service Providers, who may receive, or be given access to your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on Kumo’s behalf or for direct marketing purposes, provided however, that Kumo does not authorize its Service Providers to use Kumo-Collected PI provided by Kumo to the Service Providers to send you direct marketing messages other than related to Kumo and Kumo Affiliates absent your consent.. For more information on choices Service Providers may offer you, refer to Section 11. [Link] For more information on California law in this area, refer to “Your California Privacy Rights” in Section 12. [Link]
- To comply with any court order, law, law enforcement or legal process, including to respond to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, health, life, security or safety of Kumo, the Service, its users, our customers or any third party. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
In addition, Kumo may share your Kumo-Collected Personal Information (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual merger, purchase, sale, financing of our business, joint venture, or any other type of acquisition or business combination of all or any portion of Kumo assets, or transfer of all or a portion of Kumo’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).
Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Kumo relies on you to only send to people that have given you permission to do so. The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but will not be used by Kumo for any other marketing purpose unless Kumo obtains consent from that person. Your contact information and message may be included in the communication.
6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS
The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technologies to independently collect information about you and may solicit Personal Information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Kumo’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service); and our branded pages on Third-Party Services Social Features such as, but not limited to, www.facebook.com/KumoTechnology, www.linkedin.com/company/kumo-technology, www.twitter.com/kumotechnology. If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5 [Link]) or by the Third-Party Service that you use. Similarly, if you post information on a Third-Party Service that references the Service (e.g., by using a hashtag associated with Kumo of its Affiliates in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Kumo and its Affiliates. Also, both Kumo and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
Kumo may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on Third-Party Services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a Third-Party Service after you have left the Service (i.e., “retargeting”).
Kumo takes reasonable measures to protect Kumo-Collected PI (excluding public UGC) from accidental loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Kumo cannot guarantee the security of your information collected or transmitted through the Service.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in our Service.
The Service is intended for a general audience and not directed to children less than 13 years of age. Kumo does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting Kumo at email@example.com and detailing where the content or information is posted and attesting that you posted it. Kumo will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that Kumo does not control.
Kumo may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Kumo-Collected PI, and potentially certain other information about you (e.g., profile and account information). Kumo will make good faith efforts to make requested changes in Kumo’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Kumo’s databases (California minors see Section 9 [Link]) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law
A. Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Kumo currently does not alter Kumo’s practices when Kumo receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Kumo is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our Site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Kumo is not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.
B. Analytics and Advertising Tracking Technologies.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt-out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Kumo supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/news/self-regulatory-principles-for-online-behavioral-advertising/) and expects that ad networks Kumo directly engages to serve you Interest-based Advertising will do so as well, though Kumo cannot guaranty their compliance. Kumo is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
C. Mobile Apps.
With respect to Kumo’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g. location-based services, push notifications, accessing, calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to wi-fi, Bluetooth, beacons, or our networks) may persist. See also the prior section regarding the DAA’s mobile Interest-based Advertising choices.
You can opt-out of receiving certain promotional communications (emails or text messaging) from Kumo at any time by: (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages from Kumo to text the word, “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Kumo may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Kumo’s ongoing business relations.
12. YOUR CALIFORNIA PRIVACY RIGHTS
California residents who provide personal information, as defined by California Civil Code Section 1798.83 (“Shine The Light law”), when accessing or using our Services, are entitled to request and obtain from us once a calendar year information about the customer personal information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2017 will receive information regarding 2016 sharing activities).
To obtain this information on behalf of Kumo, please send an email message to firstname.lastname@example.org with “Request for California Privacy Information” on the subject line and in the body of your message. You may also send a letter to 5627 Kanan Rd, Ste 190, Agoura Hills, CA 91301, (Attention: Legal Counsel). Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through this email address or mailing address.
Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
14. CONTACT KUMO
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