Kaboodle.com - Privacy Policy

Privacy Policy from Kaboodle.com. The live version of this document is available at http://www.kaboodle.com/zm/tosandprivacy. This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.

This privacy policy describes how Kaboodle and its service known as The Covetry treat the personally identifiable information that is collected about you when you visit the web sites to which this policy is linked. Kaboodle and The Covetry are referred to collectively as Kaboodle.

"Personally identifiable information" is information that we can use to identify you as an individual. Personally identifiable information includes your name, address, telephone number and any other information that is connected with you personally.

This privacy policy does not apply to information collected about you by anyone except Kaboodle and only applies to the web sites to which this policy is linked. Any information you provide when you visit web sites other than those covered by this policy (including other web sites affiliated with Kaboodle's parent company, Hearst Communications, Inc.) or when you purchase any products or services, or enter contests, that may be linked to or advertised on our web site by companies other than Kaboodle is subject to the privacy policies posted on those sites. Except as may be otherwise specified herein, this policy also does not apply to information you may provide to us offline.

  1. Kaboodle generally collects personally identifiable information with your specific knowledge and consent. When you register on Kaboodle, we collect your email address, username, and password. These are required for users to store and modify bookmarks and other content on the site. We will also collect your bookmarks and associated content, messages, IP address, and information from browser data and cookies.
  2. Your User ID, bookmarks, lists and associated content and any postings you make to message boards are displayed throughout the Site. Therefore this data is available to the public and will be identifiable to your User ID. You can choose to make your bookmarks and lists private by going to the list setting page for each list. A user may email lists to other users by using the email function and therefore Kaboodle collects these email addresses for the purpose of sending lists and populating a user's address book.
  3. This information may sometimes be collected by third party service providers with whom Kaboodle contracts to host the web site or to fulfill requests for services; in that event, Kaboodle asks such service providers to make the personal information available only to Kaboodle for Kaboodle to use in accordance with the terms of this policy and not to use the information for any other purpose. Kaboodle uses this information to allow you to enjoy the functionality of the site, to troubleshoot and to provide customer support. In addition, Kaboodle may use your bookmarks to improve our marketing and promotional efforts by providing targeted advertising based on the content of the lists.
  4. We do not sell or rent any of your personal information to third parties for their marketing purposes. However, if you elect to become a "fan" of a Brand Profile Page (meaning a page in the Kaboodle community that displays brands, products or goods of a merchant) the administrator of the page (known as "Brand Admin") may send you in-system messages containing commercial and promotional messages (for more details, and information on how to opt out, see the section called "Contacts with Brand Profile Pages" below). If you send an email using the service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses, nor do we send them marketing messages.
  5. Other users may send emails and in-system messages to you via the Kaboodle service. Kaboodle does not review these messages before they are sent to you. You may block in-system messages from specific users by visiting the user's page and clicking on the "block user" button on the user's profile. You may manage your email preferences by clicking here.
  6. On an aggregate, non-personally identifiable level we may also use this data to analyze site usage, customize the site's content, layout, and services, and for disclosure to advertisers and other third parties for their marketing and promotional purposes and to demonstrate to them the value of our own site. However, we do not sell or rent any of your personally identifying data to third parties for marketing purposes.
  7. When you register for the first time on Kaboodle, you will be automatically opted in to receive in-system and email notices, which may include notification if someone sends you a message or invites you to join a Kaboodle list or group, new friend requests, Kaboodle newsletters and announcements, notification of new activity on your lists, and notices about public Kaboodle activity by your friends. You may elect to opt out of receiving those messages at any time by clicking here.
  8. When you transfer to the site outside of the Kaboodle network, including a retailer affiliate of The Covetry, your shopping activity will be conducted on their site, and in accordance with that merchant's own privacy policy and terms of service. Kaboodle has no control over those policies, so you should carefully review them before you conduct any business on a third party site. Kaboodle shall have no liability for any commercial transactions you conduct on a merchant's site, and you hereby release Kaboodle for any claims, liabilities or damages of any nature as a result of such activities.
  9. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.
  10. In addition to the foregoing, Kaboodle may share or disclose personally identifiable information about you to other companies or individuals when:
    • we utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards or fulfilling subscriptions), and ask these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose(s) for which we hired them;
    • you have entered a contest or sweepstakes sponsored by a third party, in which case the information may be shared with that third party for their use in their discretion, including direct marketing. (Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest);
    • the entity to whom the information is disclosed is one under control of, or under common control with Kaboodle (for these purposes, a company controlling 20% or more of the voting stock of another entity shall be deemed to control such entity);
    • you have furnished us personal information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners, services to help old friends locate you online, etc.);
    • we need to protect our legal rights (for example, if we are trying to collect money you owe us);
    • we must comply with applicable laws, regulations, or legal or regulatory process;
    • we have reason to believe that someone may be causing injury to or interference with our rights or the rights of our users, or general public, or using our services in violation of a legal or personal right; or
    • in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the web sites to which this policy applies.

Kaboodle (or third party service providers on our behalf) may set and access cookies on your computer. A cookie is a small amount of data (often including a unique identifier), that is sent to your browser from a web site's computers and stored on your computer's hard drive. Kaboodle uses cookies to understand site usage and to improve the content and offerings on our site.

We may use cookies, IP address and browser data to control the display of ads, to track usage patterns on the sites, to deliver editorial content, and to personalize information.

Our cookies may contain personally identifiable information and such cookies may be shared with others to the same extent indicated above.

Kaboodle (or third party service providers on our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis. We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose.

Some of our advertisers may serve you cookies as well. We do not have control over cookies placed by advertisers.

If you don't want cookies, most Web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of our sites may not function efficiently.

Your Internet Protocol ("IP") address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on the sites, the Web site you visit after our site; the ads you see; the ads you click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data logged by our Web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our website. We may also link this information with your personal information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Sites, customers or others.

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Kaboodle. You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. You may opt out of recieving these messages at any time by notifying us at support (at) kaboodle.com.

We may make available services through which you can receive messages on your phone or wireless device via short message service ("SMS Service") or via wireless internet ("WAP Services"). If you subscribe to one of our SMS or WAP Services, you thereby agree to receive SMS or WAP Service at the address you provide for such purposes.

You understand that your wireless carrier's standard rates apply to these messages, and that you may opt-out of receiving them by notifying us at support (at) kaboodle.com. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS or WAP Service, and that you are authorized to approve the applicable charges. To use the SMS or WAP Service, you must reside in the United States. You must register and provide all required Personal Information, which may include, for example, your name, SMS or WAP address, wireless carrier and, if fees are applicable to the SMS or WAP Service you subscribe to, billing information (either your credit card information or mobile service carrier information if applicable fees will be billed through your carrier). We may also obtain the date, time and content of your messages in the course of your use of the SMS or WAP Service. We will use the information we obtain in connection with our SMS or WAP Service in accordance with this Privacy Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection herewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You acknowledge and agree that the SMS or WAP Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS or WAP Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS or WAP Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.

By signing up for the SMS or WAP Service, you consent to receiving, from time to time, further messages which may include news, promotions and offers from us unless and until you have opted-out of these activities by notifying us at support (at) kaboodle.com.

We use a third-party advertising company to serve ads when you visit our website and sites upon which we advertise. This technology uses information about your visits to this website and the sites upon which we advertise, to serve our ads to you. In the course of serving our advertisements to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we may use Web beacons, provided by our third-party advertising company, to help manage our online advertising. These Web beacons enable our third-party ad serving company to recognize a browser's cookie when a browser visits this site and to learn which banner ads bring users to our website. To learn more about our third-party ad-serving company, cookies, and how to "opt-out" please click here.

The sites covered by this policy are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas.

If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children's exposure to material online.

If you're worried about your children's activities or their privacy on our site, we encourage you to e-mail Kaboodle at support (at) kaboodle.com.

Unlike other Kaboodle pages where the content is selected by Kaboodlers for non-commercial purposes, the content on some Brand Profile Pages may be selected by the Brand Admin and the Brand Admin may use those pages for promotions, to offer special discounts and to drive sales. No sales transactions will be conducted on those pages (you will still be transferred to a merchant's own e-commerce site for that purpose) but if you elect to become a fan of a Brand Profile Page, you will be agreeing to receive commercial messages from that Brand Admin, and that Brand Admin may send commercial and promotional messages to you at your Kaboodle account. You can opt out of receiving those messages by following instructions that will appear on the in-system message.

If you elect to post material to any blogs, forums, channels or other community boards that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give Kaboodle the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that Kaboodle has no obligation to monitor or delete any such postings.

Please be aware that Kaboodle does not and cannot monitor all of the Postings made to the sites, and therefore Kaboodle will not be responsible for the content of any Postings. However, Kaboodle does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If Kaboodle elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will Kaboodle be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:

Because Kaboodle does not monitor the Postings, you agree to use and rely on them at your own risk. Kaboodle cannot make any representation or warranty about the material contained in the Postings. Kaboodle likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will Kaboodle be liable for any activity or injury that may occur.

California and Canadian residents have the right to know how their information may be shared with third parties who engage in direct marketing activities and this policy explains our practices and how you can opt out of having your information shared for such purposes. We do not make any personally identifying information available to third parties for marketing purposes.

If you enter a contest or sweepstakes sponsored by a third party, information may be shared with that third party for their use in their discretion, including direct marketing (Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest.)

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this web site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the state of California.

Content posted on the Kaboodle sites by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our permission.

The third-party images and text referenced, made accessible or made available to you on these pages or by means of the Kaboodle service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; Kaboodle cannot give you such authorization. We cannot guarantee that the Kaboodle Service will not locate unintended or objectionable content and Kaboodle accepts no responsibility or liability for the content of any images or text included in any Kaboodle list or otherwise linked to by the Kaboodle services, or for your use of such content. Kaboodle reserves the right to remove any pictures or content without notice to you, any other user, or any third party.

You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. The technology and the software underlying our sites and the Services is the property of Kaboodle, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our site has designated an agent to receive notices of claims of copyright infringement: Manish Chandra, 640 W. California Avenue, Suite 220, Sunnyvale, CA 94086-3624, 408-328-7000, [email protected] We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party. You may need to obtain authorization of the owner of images made available via the Kaboodle Service before using them; for authorizations to use an image, please contact the image owner as indicated on the source site, not Kaboodle. Kaboodle cannot give you authorization to use copyrighted images.

Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited. Unless you have requested and received Kaboodle's permission to be designated as a Brand Admin and have agreed to the Supplemental Terms of Use, you may not offer goods for sale or use the Kaboodle site and service for any commercial service without our prior written consent. Kaboodle reserves the right to terminate access to the sites of any user who engages in commercial activity in violation of these terms. If you have reason to believe that any Kaboodle user is operating in violation of these terms, or that any Brand Admin is not authorized to act on behalf of a Brand, product or merchant, or that any other inappropriate activity is being conducted on the Kaboodle site, please report that conduct to [email protected] or call (408) 328-7000.

The registration information from you provide must be true, accurate, current, and complete. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

Kaboodle is not responsible for the conduct, whether online or offline, of any user of the sites. Kaboodle takes reasonable steps to protect the security and integrity of all personal information you provide to the sites; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Kaboodle assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting. Kaboodle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the sites or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in any activities on the sites or downloading materials. We make no warranties the services will be timely, secure, uninterrupted, or error-free. You understand that if you download any material, you do so at your sole risk. Under no circumstances shall Kaboodle be responsible for any loss or damage, including personal injury or death, resulting from use of the sites, any content posted on or through the sites, or conduct of any users of the sites, whether online or offline. We cannot guarantee that the Kaboodle Service will not locate unintended or objectionable content and Kaboodle accepts no responsibility or liability for the content of any site included in any Kaboodle list or otherwise linked to by the Kaboodle services, or for your use of such content. We can, whenever we want, edit or delete any content displayed on the sites. You use the sites at your own risk. Everything you see on our sites is provided to you "as is." The sites are provided "AS-IS" and as available and Kaboodle expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Kaboodle cannot guarantee and does not promise any specific results from use of the sites.

IN NO EVENT SHALL KABOODLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF KABOODLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN.

If there is any dispute about or involving the site or service, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Santa Clara. Kaboodle may demand that any dispute between Kaboodle and you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Santa Clara, California, USA.

You agree to indemnify and hold Kaboodle, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes Kaboodle to be liable to another.

Kaboodle may change this policy from time to time in its discretion. Your continued use of our sites indicates your consent to this privacy policy and any amended versions of it. This policy was last updated on April 14th, 2008.

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