Privacy Policy

Effective Date of Current Policy: May 1, 2016

As part of our efforts to make your Kill_Kapture experience as user-friendly and enjoyable as possible, we may collect and use certain information you provide to us. This Privacy Policy addresses the collection, use, and disclosure of information that Kill_Kapture may gather during your Kill_Kapture experience, including when you access or use our Website or Services, as defined in our Website Terms of Service [https://killkapture.com/pages/terms]. UNLESS OTHERWISE DEFINED IN THIS PRIVACY POLICY, TERMS USED IN THIS PRIVACY POLICY HAVE THE SAME MEANINGS AS IN THE WEBSITE TERMS OF SERVICE.

Please review the entire policy to learn the types of End User information Kill_Kapture gathers, how Kill_Kapture uses that End User information, what End User information is disclosed and to what third parties, and how Kill_Kapture safeguards your End User information. As used in this Privacy Policy, the terms “use,” ”using,” “process,” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis, and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within the Kill_Kapture enterprise or among its affiliates within the United States or internationally.

Please also check back periodically as this Privacy Policy may change from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Website. The End User information Kill_Kapture gathers is and will be subject to the Privacy Policy in effect at the time the information is gathered. Should you have any questions or concerns at any time, please feel free to contact us.

This Privacy Policy applies only to the Website and Services. This Privacy Policy does not apply to any websites managed, maintained, and/or hosted by third parties not directly affiliated with Kill_Kapture that you may visit, e.g., via a link on the Website or on a website maintained by any third party. Kill_Kapture does not control the privacy policies of other websites to which we may provide hyperlinks. We encourage you to learn more about the online privacy and data security policies of third party websites directly from such third parties, as their policies may differ from ours.

By submitting your information to us and by using the Website and Services, Kill_Kapture will assume that you have read, understood, and consent to this Privacy Policy, our Website Terms of Service, all amendments, addenda, and licenses to the Privacy Policy and Website Terms of Service, and all applicable Kill_Kapture rules and policies (collectively, the “Agreement”). We also assume that you consent to Kill_Kapture’s use of your information and data as described in the Agreement. If you do not consent, you should not access or use the Website or Services.

I. INFORMATION KILL_KAPTURE COLLECTS

A. Personal Information and Non-Identifying Information

There may be portions of the Website and Services, for example directed contact forms to communicate with us, where we ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, username, phone number, email address and home and business postal addresses, and any other information that you decide to provide to Kill_Kapture that could be used to personally identify you.

We may also collect other information that you provide that does not identify you (“Non-Identifying Information”). Non-Identifying Information includes, but is not limited to, your zip code (on its own), gender, age, and individual preferences. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences).

We use your Personal Information (in some cases, in conjunction with your Non- Identifying Information) mainly to provide the Services, complete your transactions, and respond to correspondence from you. We use such information solely in accordance with this Privacy Policy. We may also use your Personal Information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.

We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Website and Services, and to analyze and understand how the Website and Services are used.

B. Sweepstakes, Surveys, and Other Promotions

If you choose to participate, you may be asked to provide Personal Information in connection with sweepstakes, contests, raffles, games, and other similar promotions we may hold from time to time on our Online Services. You may also be asked to provide personal information in connection with completing surveys and other similar activities on our Website.

C. Log Data

When you visit the Website, whether you are logged in or just browsing without logging in, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your Internet Service Provider (ISP); your computer’s Internet Protocol (“IP”) address, browser type, and operating system; referring/exit pages; clickstream data; pages of the Website that you visit, the time spent on those pages, information you search for on the Website, access times, and dates; and other statistics. We use this information to monitor and analyze use of the Website and Services and for technical administration of the same, to increase the functionality and user-friendliness of the Website and Services, and to better tailor each of them to our users’ needs. For example, some of this information is collected so that when you visit the Website again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Website meet the criteria required to process their requests.

We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze, and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

II. COLLECTION OF INFORMATION

Kill_Kapture may use a number of different techniques and technologies to collect Personal Information, Non-Identifying Information, and Log Data. For example, Kill_Kapture may use cookies, log files, clear gifs, pixel tags, and/or other technology used to monitor your Kill_Kapture experience.

A. Collection of Personal Information and Non-Identifying Information

As is regular practice on many websites, the Website uses cookies and other technologies to help us understand which parts of the Website are more popular and how much time users spend there. A cookie is a small amount of data that is sent to your browser from a Web server and is stored on your computer’s hard drive. Cookies allow you to enter your password less frequently during an online session. To the extent that Kill_Kapture operates multiple websites, we may use separate cookies on each website. The cookies that the Website uses do not store Personal Information, but they may store Non-Identifying Information. Since cookies are now used as industry standard, most Web browsers automatically accept cookies, but you can usually change your browser to decline them. If you prefer not to enable cookies, you may choose to disable them; however, please note that certain features on the Website will not be available to you once cookies are disabled.

When you access content through the Website and Services, you will be accessing a server operated by or on behalf of Kill_Kapture and not your personal computing device or other hardware. The Website and Services will not at any time expose any files or personal information on your personal computing device or other hardware to Kill_Kapture or other third parties or otherwise enable Kill_Kapture or any other third party to have direct access to any of the files or personal information on your personal computing device or other hardware.

Please note that if you use any bulletin board, chat room, comment posting feature, or other public communication service, forum, or feature offered through the Website or Services, or post any information available for viewing by other End Users, any of the information that you share will be visible to other End Users. The information that you make available can be read, used, and collected by other End Users to send you unsolicited messages outside of the Website and Services. Kill_Kapture is not responsible for the manner in which the Personal Information that you decide to share will be used by other End Users.

B. Collection of Log Data

Log Data is collected automatically by the Website servers and related software. Because the Website automatically collects Log Data for all visitors and End Users that visit the Website, your Website session will be tracked. Because we do not match Log Data with Personal Information, you can remain anonymous in public areas of the Website. You can browse those areas of our Website without entering any Personal Information and, therefore, remain anonymous during your visit.

Additionally, in some of our email messages, Kill_Kapture may use a “click-through URL” linked to content on the Website. When an End User clicks onto one of these URLs, the End User will pass through our Web server before arriving at the destination Web page. Kill_Kapture tracks this click-through data to help us determine End User interest in certain subject matter and measure the effectiveness of these End User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from Kill_Kapture.

Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of the Website End Users have visited, (ii) to measure the effectiveness of any searches End Users perform on the Website, and (iii) to enable us to send emails in a format that End Users can read and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to End Users.

III. USE AND SHARING OF INFORMATION BY KILL_KAPTURE

The End User information that Kill_Kapture collects may be added to our databases and used for business purposes, including for marketing and promotional purposes, for a statistical analysis of End Users’ behavior, for product development, for content improvement, or to customize the content and layout of our Website. In addition, Kill_Kapture will, on occasion, send emails to you about our services or third-party products. If you do not want to receive email from us, visit the “Opt Out” or “Unsubscribe” link at the bottom of any Kill_Kapture email to remove yourself from continued receipt of email messages.

Kill_Kapture’s policy is not to share the End User information it collects with third parties other than as specified below, or where an End User explicitly request that we share its information with a third party. We may share End User information with third parties under the following circumstances:

A. Business Partners and Service Providers

We work closely with certain business partners and service providers and we may provide End User information to our business partners and service providers so that they can offer or provide services to you. For example, we may provide End User information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. We may also employ third party companies and individuals for any of the following: to facilitate the Website or Services; to provide the Website or Services on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how the Website or Services is being used.

Under certain circumstances, you may avoid having Kill_Kapture share your information with its business partners and service providers by not granting Kill_Kapture permission to share your information. Not granting Kill_Kapture permission to share your information with its business partners or service providers may limit your access to their services through the Website.

B. Business Transfers

As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, a sale of assets, or bankruptcy. In such transactions, information about End Users generally is often a transferred business asset. In the event that Kill_Kapture itself or substantially all of Kill_Kapture’s assets are acquired, information about our End Users may be one of the transferred assets.

C. Compliance with Law and Protection of Kill_Kapture and Others

We may release End User information when we believe, in our sole discretion, that release is appropriate: to comply with the law, including but not limited to, in response to a subpoena served on Kill_Kapture; to enforce or apply the Agreement, including the Website Terms of Service and other agreements, rules, and policies; to protect the rights, property, or safety of Kill_Kapture, our End Users, or others; or to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical, or legally actionable (including exchanging End User information with other companies and organizations for fraud protection).

D. Aggregate Site Use Information

We may release aggregate End User information (without revealing any Personal Information about you) to advertisers and other third parties in order to promote or describe use of the Website or the Services.

IV. INTERNATIONAL TRANSFER

Your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Kill_Kapture transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

V . SECURITY

We are very concerned with safeguarding your information. We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, Kill_Kapture cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and it accepts no liability for any unintentional disclosure. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Website in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

VI. CHILDREN’S PRIVACY

Under the terms of the Agreement, End Users must be at least thirteen (13) years of age to access and use the Website and Services. For the avoidance of doubt, in accordance with the Children’s Online Privacy Protection Act of 1998(http://www.ftc.gov/ogc/coppa1.htm), the Website and Services are not intended or designed to attract children under the age of thirteen (13). Any access to or use of the Website or Services by anyone under the age of thirteen (13) is unauthorized, unlicensed, and in violation of the Agreement. By using the Website and Services, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If Kill_Kapture believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by the Agreement, Kill_Kapture may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Website or Services (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted on the Website.

VII. CONTACTING US

If you have any questions about this Privacy Policy, please contact us at info@killkapture.com.