By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. Kuo reserves the right to change this Policy without prior notice. Any changes to this Policy will become effective upon the posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.
The Site is controlled and operated by Kuo from the United States; accordingly, this Policy, and Kuo’s collection, use and disclosure of your Personal Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than that of the United States. Kuo does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls in connection with your use of the Site and/or Site-related services, and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Kuo may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction of Kuo’s choice, at any time and in Kuo’s sole discretion. By using the Site and submitting any Personal Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personal Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and Kuo requests that such individuals do not provide Personal Information through the Site.
1. Types of Information Kuo Collects
Kuo gathers two basic types of information through the Site: “Personal Information” (or “PI”) and “Non-Personal Information” (or “Non-PI”). Personal Information is information that identifies you as an individual; that is, your name, postal address, telephone number, e-mail address, credit card number, or other payment account number. Non-Personal Information is aggregated information, demographic information, IP addresses, and any other information that does not reveal your specific identity.
a. Personal Information. You do not have to provide PI to use the Site. However, in order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter, to view certain areas of the Site, or to make purchases through the Site), you may be required to furnish PI. Kuo collects PI from you through the Site only when you voluntarily provide it to Kuo.
b. Non-Personal Information. When you visit and interact with the Site, Kuo and third parties with whom Kuo has contracted to provide services to Kuo may collect Non-PI. Non-PI is generally collected through the Site and may include: web/technical data, cookies, pixel tags and other similar technologies, and information that you voluntarily provide.
ii. Pixel Tags. Kuo and Kuo’s service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags allow Kuo to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.
iii. Flash Local Stored Objects. Kuo and Kuo’s service providers may use a third-party technology, called Flash, in connection with the Site or Kuo’s online content. Flash provides a facility, referred to as Local Stored Objects (“LSO”), that allows a web site operator or online content provider, or their service providers, to store certain information locally on an individual’s computer; for example, Flash LSOs can be used to store information regarding an individual’s computer.
If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time).
Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or Kuo’s online content. Kuo expects Kuo’s service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but Kuo cannot guarantee that they will do so.
c. Information That You Voluntarily Provide. Kuo also collects Non-PI (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to Kuo. When such information is not combined with any PI, such information is considered to be Non-PI, as it does not personally identify you or any other user. Additionally, Kuo may aggregate PI in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PI to calculate the percentage of Site users who like a particular site feature. Such aggregate information is considered Non-PI for purposes of this Policy.
2. Ways Kuo Uses Collected Information
a. Personal Information. Kuo may use PI about you in the following ways, including but not limited to:
i. Fulfillment of Requests. Kuo may use PI about you to fulfill the purpose for which such PI was provided (e.g., to send newsletters to you or fulfill your purchase).
ii. Administrative Communications. From time to time, in Kuo’s sole discretion, Kuo may use PI about you to send to you important information regarding the Site, or changes to the Site’s Terms and Conditions and/or other policies. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
iii. Other Communications. If you affirmatively opt-in to receive marketing messages from Kuo, Kuo may use PI about you to inform you of any artists, products, programs, services and promotions of Kuo’s that Kuo believes may be of interest to you. If you would prefer not to receive marketing-related e-mail messages, please refer to Section 3.c. (“Opt-Out”) below.
Notwithstanding the foregoing, if you seek to make a purchase through the Site, Kuo may collect your credit card number or other payment account number or information (for example, your wireless account number), billing address, and other information related to such purchase (collectively, “Payment Information”) from you, and may use such Payment Information in order to fulfill your purchase. If applicable, Kuo may also provide such Payment Information, or other PI provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number). To the extent that Payment Information includes Non-PI, use of such Non-PI is governed by Section 2.b. below.
v. Internal Business Purposes. Kuo and Kuo Affiliates may also use PI about you for Kuo’s internal business purposes, such as data analysis, audits, and so forth.
vi. Third Party Service Providers. Kuo may work with third parties who provide services including but not limited to data analysis and collection, hosting, order fulfillment, and other services of an administrative nature. Kuo reserves the right to share PI about you with such third parties for the purpose of enabling these third parties to provide such services.
vii. Assignment. Kuo reserve the right to transfer any and all information that is collected from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, disaffiliation, transfer, or other disposition of all or any portion of Kuo’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
viii. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, Kuo and Kuo Affiliates reserve the right to disclose PI about you to others as Kuo and Kuo Affiliates believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce the Site’s Terms and Conditions; (e) to protect Kuo’s operations or those of any Kuo Affiliates; (f) to protect the rights, privacy, safety or property of Kuo, Kuo Affiliates, you or others; and (g) to permit Kuo and Kuo Affiliates to pursue available remedies or limit the damages that Kuo and/or Kuo Affiliates may sustain. For example, Kuo and/or Kuo Affiliates may, to the fullest extent the law allows, disclose PI about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
b. Non-Personal Information. Because Non-PI does not personally identify you, Kuo and Kuo Affiliates may use such information for any purpose. In addition, Kuo and Kuo Affiliates reserve the right to share such Non-PI, which does not personally identify you, with third parties, for any purpose. In some instances, Kuo and/or Kuo Affiliates may combine Non-PI with PI (such as combining your name with your geographic location), and if so, the combined information will be treated as PI hereunder as long as it is so combined (see Section 2.a. above).
3. Other Important Notices Regarding Privacy Practices
b. Security. Kuo uses reasonable organizational, technical and administrative measures to protect PI under Kuo’s control. Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under Kuo’s control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although Kuo strives to protect your PI, Kuo and Kuo Affiliates cannot ensure or warrant the security of any information you transmit to Kuo through or in connection with the Site or that is stored by Kuo. Kuo also seeks to strike a balance between the security of your data and your convenience because customers may attach value to both. As a result, Kuo may often use a method of communication that is less secure than other, less convenient alternatives. For example, certain data you send to Kuo, including PI, may be sent to Kuo in unencrypted form. You acknowledge and agree that any information you transmit through the Site is so transmitted at your own risk. If you are concerned that PI about you may be transmitted over the Internet in unencrypted form, please do not provide Kuo with any PI. If you have reason to believe that your interaction with Kuo is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify Kuo of the problem by contacting Kuo in accordance with Section 3.d. (“Contacting Us,”) below (note that if you choose to notify Kuo via physical mail, this will delay the time it takes for Kuo to respond to the problem).
c. Opt-Out. If you would prefer not to receive marketing-related e-mail messages from Kuo or Kuo Affiliates, you may opt-out of receiving such messages by following the “unsubscribe” instructions in the latest such message you have received from Kuo or Kuo Affiliates, respectively. Please note that following such “unsubscribe” instructions will opt you out of receiving marketing-related e-mail messages from the sender of the particular message from which you initiated the opt-out process, but will not opt you out of receiving such messages from other senders.
d. Contacting Us. If you have any questions regarding this Policy, please contact Kuo by e-mail at email@example.com, or please write to the following address: Erin M. Jacobson, Esq., 9107 Wilshire Blvd., Suite 450, Beverly Hills, CA 90210, Attn: Gary Kuo Website.
Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence.