Last Updated: November 24, 2012
Consent and Information Collection and Use
We may use your personal information and other information collected from you for the following purposes:
- To provide the Services to you and to improve the quality of the Site and Services,
- To provide you with newsletters, RSS feeds, or other communications or services which you have signed up for or otherwise agreed to receive,
- To provide information to you so that you may use the Site and Services more effectively,
- To create, manage and control your account information, and to verify access rights to Services and software,
- To bill your account,
- To communicate with you for the purpose of informing you of changes or additions to the Services, or of the availability of any Service we provide,
- To assess service levels, monitor traffic patterns and gauge popularity of different service options,
- To communicate with you about products or services that may be of interest to you, either from us or third parties,
- To respond to claims of any violation of our rights or those of any third parties,
- To cooperate with legal, criminal or regulatory investigations or proceedings,
- To respond to your requests for customer service, and
- To protect the rights, property or personal safety of you, us, our users and the public; and as required or authorized by law.
We may occasionally communicate with you regarding our products, services, news and events. You have the option to not receive marketing e-mails from us. We provide an opt-out function within all email communications of this nature, or will cease to communicate with you for this purpose, if you contact us and tell us not to communicate this information to you. The only kind of these communications that you may not “opt-out” of are those required to communicate announcements related to the Services, including information specific to your account (such as confirmation emails), planned Services suspensions and outages. We will attempt to minimize this type of communication to you.
We do not knowingly provide the Services to, and will not knowingly collect personal information from, children under the age of thirteen (13) or anyone else under the age of consent.
Accessing and Deleting Your Information When you use our Site, we make good faith efforts to provide You with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You can access and edit your personal information at any time through the web interface provided as a part of the Services. If you would like to delete your personal information, please contact us. We ask individual users to identify themselves and the information requested to be deleted before processing all such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. Please email us at support [at] kimberfire [dot] com with any questions, if you need assistance accessing or changing your personal information, or if you would like to have your personal information deleted. Please be aware that if you delete your personal information, you may not be able to continue to use the Site or the Services.
Accessing and Deleting Your Information
When you use our Site, we make good faith efforts to provide You with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You can access and edit your personal information at any time through the web interface provided as a part of the Services. If you would like to delete your personal information, please contact us. We ask individual users to identify themselves and the information requested to be deleted before processing all such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. Please email us at support [at] kimberfire [dot] com with any questions, if you need assistance accessing or changing your personal information, or if you would like to have your personal information deleted. Please be aware that if you delete your personal information, you may not be able to continue to use the Site or the Services.
Sharing Your Information
We will only share your information with third parties in accordance with your instructions or as necessary to provide you with a specific Service or otherwise in accordance with applicable privacy laws. In addition, we may disclose your personal and non-personal information to our agents, contractors and service providers who are engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics). These third party contractors and service providers (i) shall be permitted to obtain only the personal information they need to provide the service, and (ii) must protect personal information to the same extent as Kimberfire, including not using it for any improper purpose.
We may also disclose your personal information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply our Terms of Service, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or cooperate with a law enforcement or regulatory investigation, (c) protect the rights, property or safety of Kimberfire, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Information about our users, including personal information, may be disclosed as part of any merger, acquisition, or sale of Kimberfire and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the company.
We may also disclose non-personally identifiable information on an aggregated, anonymous basis (see “Aggregated Data” section below) to our business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
We may also use your personal information and information about your Site activity to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying Site users, and which have been manipulated or combined to provide generalized, anonymous information. Aggregated Data will not disclose you as the source or subject of the information.
The Site may contain links to other sites and we are not responsible for the privacy or security practices or the content of such sites. We encourage you to read the privacy policies of linked sites. Their privacy policies and practices differ from our policies and practices.
Cookies and Other Information-Gathering Technologies
If you do not wish to accept cookies, you can usually set your browser to decline them, and if you wish to delete or disable cookies previously placed on your computer, the “help” portion of the toolbar on most browsers will tell you how to do so. Please note, however, that if you choose to set your browser to decline, delete or disable cookies, you may not be able to access certain areas or features of our Site.
In addition to cookies, we or our service providers may use web beacons, pixels and similar technologies on our Site and in email messages or newsletters. These tiny electronic images can be used to assist us in determining how many users have visited certain pages or opened messages or newsletters. However, we do NOT use these images to collect personal information.
We may provide areas on our Site where you can post information about yourself, communicate with others, post reviews or upload content. Whenever you disclose personal information publicly (such as on publicly viewable web pages), that information becomes public and can be collected and used by others, including for the sending of unsolicited messages. We can’t control who reads your posting or what others may do with information you voluntarily post, so we encourage you to use your discretion with respect to posting personal information.
We will strive to prevent unauthorized access to your personal information; however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We will continue to enhance security procedures as new technologies and procedures become available.
Please remember that you control what personal information you provide while using the Services. Ultimately, you are responsible for maintaining the secrecy of your identification and/or any personal information in your possession for the use of the Services. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them, and you should use caution in selecting the personal information you provide to others through the Services. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Services, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the Services. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others.