Exhibit 2 – Client Website Standard Privacy Policy
This website (the “Site”) is hosted by Kush Media, Co (a corporate affiliate of Kush Media, Co.) (“Kush Media”) for the business identified on the homepage of the Site (“Client”). For the purposes of this privacy policy (the “Privacy Policy”), Kush Media and Client are referred to hereinafter collectively as “we” or “us.” This Privacy Policy constitutes an integral part of the agreement between each user of the Site and us (“User” or “you”) concerning the use of the Site. The other integral part of this agreement is the Terms of Use for the Site.
This Privacy Policy informs you of what information we may collect from or about you on the Site, how we may use such information, and your rights and choices regarding our use of your data. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. Using the Site, you acknowledge that you have read this Privacy Policy and agree to be bound by it. If you disagree with any provision of this Privacy Policy, please do not use the Site.
Notice To California Residents – Your California Privacy Rights: Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (a) having EITHER a published privacy policy of not sharing a customer’s personal information for third parties’ direct marketing use unless the customer has first affirmatively opted into such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (b) notifying the customer of his/her right to opt-out and providing a cost-free means for the customer to exercise that right.
Any request for a disclosure required under this California law should be sent to us at the email or postal address specified in Section 10 (Contact Us) below. Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
- What Information We May Collect
1.1 Personal Information: This refers to your personally identifiable information, including first and last name, telephone number, email address, mailing address, date/year of birth, and credit card or other payment account information. Many areas of the Site do not require registration and may be accessed by you without having to disclose any Personal Information. However, to the extent you voluntarily provide your Personal Information to us, we collect such information. For example, we collect Personal Information from you: (a) when you create an account on the Site; (b) when you sign up for a promotion or event offered on the Site (each, a “Promotion/Event”); (c) when you join our electronic mailing list; (d) when you place an order or make a purchase on the Site (in such event, you will need to provide your credit card or other payment account information (“Payment Account Information”) in order for Client to process and fulfill your order or purchase); and/or (e) when you submit a request or inquiry to us; each of the foregoing is referred to hereinafter as a “Transaction or Request.” Whether or not to disclose Personal Information is completely your choice. However, without your information, we will not be able to process your Transaction or Request.
NOTE: You must be at least 18 years old to create an account, to sign up for a Promotion/Event, or to place an order or make a purchase on the Site.
1.2 Aggregate and Anonymous Information: This refers to any information that does not identify you individually. For example, we may collect anonymous group data (demographics, media habits, interests and preferences, etc.) about our users and audiences. We also collect aggregate traffic data pertaining to the Site, such as total page views in a given time period; total impressions per ad; the average amount of time that visitors spend on the site each time they visit; the average amount of time that visitors spend on each page of the site; the percentage of visitors from a certain geographical area, etc. Moreover, we may combine user activity information (as described in Section 1.3 below) about you and other users of the Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users and audiences as a group. In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other users, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.
1.3 User Activity Information: This refers to information we may collect about user activities on the Site. For example, the Site servers may automatically collect and log “clickstream data” for all visitors to the Site, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. The Site also uses cookies and/or similar devices to collect user activity information on the Site (see Section 6 below for more information).
To the extent we use user activity information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as “Personal Information.” Otherwise, user activity information will be treated as “Aggregate and Anonymous Information.”
- How We May Use the Information
As a general matter, we use information collected from and/or about Users to improve the Site, to administer and maintain operations of the Site, and to administer and manage transactions and relationships with Users.
2.1 For Transaction/Customer Relation Purposes: If you provide Personal Information on the Site in connection with a Transaction or Request, we will use your information to process, administer, manage, and communicate with you regarding such Transaction or Request. For example: (a) if you create an account on the Site, we will use your information to set up, administer, service, and communicate with you regarding your account; (b) if you sign up for a Promotion/Event on the Site, we will use your information to process, administer, and communicate with you regarding your participation in such Promotion/Event; (c) if you join our electronic mailing list, we will use your information to send you our electronic communications, including our newsletters and our company announcements, alerts, notices and updates; (d) if you place an order or make a purchase on the Site, Client will use your information to process and fulfill your order or purchase, to communicate with you regarding your purchase, and to provide customer service to you; please note that your Payment Account Information will only be used for processing your purchase transaction and will not be used or stored for any other purposes (except as expressly otherwise stated); and (e) if you submit a request or inquiry to us, we will use your information to respond to your request or inquiry. Also, provide your email address or mailing address to us. We may use such address to send you notices of a transactional, administrative, or relationship nature or as required by law, such as notice of a material change in this Privacy Policy or the Terms of Use, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.
2.2 For Marketing Purposes: Kush Media and/or Client may use your information (except for Payment Account Information) to offer, market, and advertise to you, on the Site and/or via email, postal mail, etc., products, services, and/or Promotions/Events that may be of interest to you, including those from corporate affiliates of Kush Media and/or Client. Also, if you elect to opt-in (whether on the Site or otherwise) to receiving marketing information or communications directly from third parties, Kush Media and/or Client may share your information with third parties pursuant to your opt-in election.
NOTE: Neither Kush Media nor Client will knowingly sell or make any of your Personal Information available to non-affiliated third parties for their direct marketing uses, unless you have opted in (whether on the Site or otherwise) to receiving marketing communications directly from such third parties.
2.3 Sharing with Service Providers: We may share your information (including Payment Account Information, if applicable) with third-party service providers and vendors (collectively “Service Providers”) who need to access your information in order to perform necessary services for us or the Site, including data processing and storage, data security, hosting, maintenance and technical support for the Site, and purchase and payment processing, order fulfillment, and other e-commerce related functions. We require that our Service Providers limit their use of User personal information solely to the purposes for which it was disclosed by us and that they maintain the confidentiality, security and integrity of such information and not make any further disclosure to others.
2.4 Disclosure Under Other Circumstances: We may disclose your information (including Payment Account Information, if applicable) to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process (including a court order or subpoena); (b) cooperate with law enforcement; (c) enforce this Privacy Policy and/or the Terms of Use; (d) respond to an emergency; or (e) protect the rights, property or safety of Kush Media, Client, other Users, and/or the public.
In addition, if Kush Media or Client is sold or transferred to, merged with, or acquired by a third party, your information may be transferred to such third party as part of the transaction, in which event the privacy policy of such third party may govern further use and disclosure of your information.
2.5 Research Use: We may use and share Aggregate and Anonymous Information to conduct market research and analysis for ourselves and/or for our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our Service Providers in order for them to perform services to or for us.
- Your Choices
3.1 Information Access: If you have an account on the Site, you may update and correct your account information by logging into your account, or by contacting us at the email or postal address specified in Section 10 (Contact Us) below.
3.2 Account Cancellation: If you wish to cancel your account on the Site or delete your personal information previously provided to us, you may send your request to us at the email or postal address specified in Section 10 (Contact Us) below. However, you acknowledge that we reserve the right to retain your information if doing so is required by law or to comply with legal process (including a court order or subpoena) or a legitimate law enforcement need.
3.3 Opt-Out: To opt-out of receiving marketing communications via email or postal mail from us, please send your request to the email or postal address specified in Section 10 (Contact Us) below. For marketing emails, you can also use the opt-out means (e.g., an “unsubscribe” link) provided in marketing emails that you have previously received.
NOTE: To opt-out of receiving marketing communications from both Kush Media and Client, you must make separate requests to each of Kush Media and Client.
- Security We use commercially reasonable measures to safeguard Personal Information that you have shared with us, but absolute security cannot be guaranteed. It is important for you to protect against unauthorized access to your account access information and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe. We will endeavor to notify you in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by or for us. However, we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.
- Cookies and similar devices
5.1 Cookies: The Site may send cookies, which are small pieces of data, to your web browser to facilitate your use of the Site. Cookies help us deliver content specific to your interests and permit our servers to recall information from your prior visits to the Site. We may use information collected from cookies in conjunction with other information we have collected from you. We do not, however, use cookies to access information on your computer or device. You can choose whether to accept cookies by adjusting the settings of your browser. If your browser is set to reject cookies, you may still enter the Site, but you may not have full access to all areas within the Site.
5.2 Other Tracking Devices: The Site may use other industry standard technologies like pixel tags and web beacons to track your use of the Site, or we may allow our Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on the Site or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a non-personally identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the Site, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by others for the same purposes.
5.3 Third-Party Advertisers: Third-party advertisers, including so-called “network advertisers” or “ad networks,” may place or serve or manage ads on the Site. When you visit the Site, such third-party advertisers may use cookies, web beacons, and/or other tracking devices to collect User Activity Information about your visits to the Site and to serve interest-based ads directly to your browser. We have no access to or control over cookies or other tracking devices used by third-party advertisers. This Privacy Policy covers the use of cookies by the Site only and does not cover the use of cookies or other tracking devices by any third-party advertisers. For more information regarding the data practices of some of these third-party advertisers and how to opt-out of their use of your information, please visit:
www.networkadvertising.org/managing/principles.asp; and
www.networkadvertising.org/managing/opt_out.asp.
5.4 Third Party Functionalities: The Site contains links to and/or enables certain third-party functionalities to enhance your experience on the Site, including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Site, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them and are at your own risk.
5.5 DoubleClick’s DART Cookie: Google may, as a third-party advertiser, use cookies to serve ads on the Site. In particular, Google may use DoubleClick’s DART cookie that enables it to serve ads through DoubleClick’s ad-serving technology. Such cookie is placed on your computer when you are browsing the web and visit a site that supports ads delivered using DoubleClick’s ad-serving technology (including some Google AdSense advertisements). This cookie is a “persistent” cookie, meaning that it is saved into the cookie folder on your computer’s hard drive and will remain in that folder even after you close your web browser. This cookie is used to serve ads specific to you and your interests (“interest based targeting”). The ads served will be targeted based on your previous browsing history. DoubleClick’s DART cookie uses “non-personally identifiable information.” It does NOT track Personal Information about you.
To opt-out of DoubleClick’s DART cookie and associated “interest based targeting” advertising, please visit www.doubleclick.com/privacy/dart_adserving.aspx. PLEASE NOTE that if you erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may need to opt-out again. PLEASE NOTE also that opting out of the ad-serving cookie does not mean that you will stop seeing pop-up ads or banner ads embedded in websites. You can control many pop-ups by using free software available on the Internet or by disabling JavaScript on your browser.
If you wish to disable cookies selectively or entirely (see Section 5.6 below about Flash cookies or similar technologies), you may do so through your individual browser options or using special software. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. Alternatively, you can use the guide at www.aboutcookies.org/Default.aspx?page=1.
More information on the DoubleClick DART cookie which is used by Google in the ads served on publisher websites displaying AdSense for content ads can be found at www.doubleclick.com/privacy/faq.aspx.
5.6 Flash Cookies
The Site and/or third-party advertisers on the Site may use “Flash cookies” or similar technology for tracking purposes, saving preferences or when serving
and managing ads on the Site. To learn more about what a “Flash cookie” (also known as “local shared object” or “LSO”) is and does, please visit:
www.adobe.com/products/flashplayer/articles/lso/
www.epic.org/privacy/cookies/flash.html
You should know that Flash cookies cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out, or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit:
https://www.adobe.com/products/flashplayer/articles/lso/
- Links to Third-Party Websites
The Site may contain links to third-party sites that are not owned or controlled by or affiliated with us. We are not responsible for the privacy practices of such third-party sites. Once you enter such a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policy of that third party. Such third-party sites’ privacy policies and practices may be substantially different from those of ours. They may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites entirely at your own risk. You should always read the privacy policy for a third-party site before disclosing any personal information on such site.
- Protecting Children
The Site is not designed or intended for anyone under the age of 13, and we do not knowingly collect personal information from anyone under 13 on the Site. Children under the age of 13 will not be permitted to register otherwise interact with us on the Site. If we discover that any registration or transaction is made by an underage child, such registration or transaction will be immediately and permanently canceled and removed from the Site, with or without notice. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
- INTERNATIONAL USER NOTICE
For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. For residents of the European Union: the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy. By using the Site, you agree to have your information used and transferred to the United States as set forth in this policy.
- CHANGES IN PRIVACY POLICY
From time to time, we may make changes to this Privacy Policy. If we make changes, we will post them on the Site to make users aware of what the changes are so Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any changes to the policy when she or he uses the Site after those changes have been posted. If, however, we intend to disclose Users’ Personal Information in a manner different from that stated at the time of collection, we will post a notice of such intent on the Site 30 days prior to such action.
- Contact Us
All communications to Kush Media concerning this Privacy Policy should be sent via postal mail or email to:
Kush Media, Co.
Attn: Copyright Claim
Phone: (207) 558-3189
Email: info@kushmediaco.com
To contact Client concerning this Privacy Policy, please use the Client contact information published on the Site.
