XUMBERS WEBSITE PRIVACY POLICY
Konvisser
Custom Software, LLC (�Company�) is committed to respecting the privacy rights
of all of the visitors to the Xumbers website, services and application.� This privacy policy (�Privacy Policy�) sets
forth what personal and usage information we collect, as well as how that
information is used, maintained, and in some cases, shared with third
parties.� This Privacy Policy also sets
forth how to contact us if you have any questions about privacy with the
Websites, the Services, the Xumbers application (�Xumbers�) or the
Company.� All uppercase terms that are
not defined in this Privacy Policy are defined in our Terms
of Use [http://www.xumbers.com/EULA/privacy.html].
The Website, Services and Xumbers have been developed to be an entertainment and educational experience for children of all ages.� We encourage parents and guardians to participate with their children in the interactive activities on our Website, in our Services and in Xumbers.
We are committed to the privacy of all visitors to our site, especially those under the age of 13.� Recognizing that younger children may not fully understand this information, we request you discuss personal information and its sharing with your children so that they will better understand how to use the Website, the Services and Xumbers.
Special
Note to Parents, Legal Guardians, and Visitors Under
Age 18
If you are a
parent, you should know that Company adheres to the Children�s Online Privacy
Protection Act of 1998 regarding the collection of data for visitors under
13.� It is very important for you to
understand that we do not collect any personal information from visitors under
13. You must help us protect your child�s privacy by actively monitoring your
child�s use of the Website, the Services and Xumbers and by instructing your
child to never send personal information to Company without your permission.
If you are a 13 to 17 year old visitor,
please be sure to read this policy with your parents or legal guardian and ask
questions about anything you do not understand.
If you are a visitor under 13, we will not
collect or ask for any of your personal information, so please do not attempt
to send it to us.
Does Company Collect Any
Personal Information About Users 13 and Older?
We do
not require anyone to share any personal information about themselves
in order to visit the Website or use the Services or Xumbers.� Providing
your personal information to Company
is your choice.� Should you choose to
submit personal information to us, we maintain one or more databases to store
your Personal Information and may keep such information indefinitely.� Personal Information that Company may collect from you includes,
but is not limited to your name and/or email address(es), and any other information that you voluntarily
provide.� Personal Information you
volunteer may be used by Company
for internal verification, to complete requested transactions, obtain
information for our indexes, ensure appropriate legal use of the Website, the Services and Xumbers,
provide you notification about updates to the Website, the Services, Xumbers,
or other Company goods and information, and to help provide you with technical
support for the Website, the Services
and Xumbers.�
Your
Personal Information is collected from our Website and our Services, through
use of an App Store, through email and/or through online forms (i.e., Contact
Us) you complete, registering for the Services, reporting problems and through
any of your other activities with Company or on the Website or in the
Services.� Personal Information that
Company collects depends on the nature of your activities.� For example, information you voluntarily
submit on our �Contact Us� web page � will require the disclosure of your email
address, and is used by Company to enhance our Website, the Services or
Xumbers, to send you updates about the Website, the Services or Xumber, or to reply to your questions or comments.
Does Company Collect Any Personal Information
About Users Under Age 13?
We do not collect
personal information online from children under 13.� Xumbers can be played online without
providing any personal information, however the
Xumbers mobile application must be downloaded through purchase from an App
Store through a person of legal contracting age.� Your child may attempt to send us information
through our Contact Us page.� However, we
have provided an age gate on that page that will not allow us to collect
information from your child should his or her age be indicated as under 13.
If it ever becomes
necessary to collect additional personal information from your child in order
for your child to participate in a particular activity, we will seek your
verified consent before doing so, explain what information we need and why, and
ask that you (not your child) provide that information.� Any information you or your child give us in
the above special circumstances will be deleted from our records once the
promotion, program or activity is concluded, and after any legally required
period for keeping such information is complete.� We do not require a child to disclose more
information than is reasonably necessary to participate in a contest, game or
other activity as a condition of participation.
As of the date of this Privacy Policy, we may collect your child�s email address and user name without your consent only under the following circumstances:
How
does Company Use the Personal Information We Collect?
We use your name,
address, phone number, and e-mail address for the purpose of
communication with you regarding the Website, the Services and Xumbers, such as
for newsletters or for upcoming products, Website, Services and Xumbers updates
and promotions.� We use the aggregate
information we collect to help us understand and better respond to our users�
needs.
How
Does Company Maintain the Personal Information We Collect?
We make good faith efforts to provide you
with access to your personal information and either to correct such data at
your request if it is inaccurate or delete such data at your request if it is not
otherwise required to be retained by law or for legitimate business
purposes.� If you wish to request the
correction or deletion of such data, you may contact us by e-mail by clicking the
Contact Us button on the Xumbers.com
web page� or by mail at Konvisser
Custom Software, C/O Joshua Konvisser, Pillsbury Winthrop Shaw Pittman, LLP,
1540 Broadway, New York, NY 10036-4039.� Please note: in order to protect the security
of your information, you will be required to properly identify yourself before
we can process such a request.
The security
and confidentiality of your personal information is important to us and we will
take reasonable measures to protect it, including measures to protect against
unauthorized access, alteration, and disclosure.� These security measures include, for example,
internal reviews of our data collection, storage and processing practices and
security measures, as well as physical security measures to guard against
unauthorized access to systems where we store personal data.
Please be
aware that no data transmission over the Internet can be guaranteed to be 100%
secure, so while Company strives to protect your personal information, Company
cannot ensure or warrant the security of any information that you voluntarily
give to us.
Company may also monitor network traffic to the Website and
use of the Services and Xumbers to identify and/or block unauthorized attempts
or intrusions to upload or change information or cause damage to the Website,
the Services, Xumbers or any other of our computers, networks, servers,
software or applications in any manner.
When
Does Company Share Personal Information with Third Parties?
We do not
share your personal information with any third parties for any purposes except
in limited circumstances where we believe such sharing is (1) legally required
or done to comply with a request from a government agency, (2) done in order to
provide and maintain the Website, the Services and Xumbers, (3) done in
conjunction with a corporate restructuring, (4) done to protect against fraud
or other damage to Company, the Websites, the Services, Xumbers, or to other
users of the Websites, the Services or Xumbers, or (5) otherwise permitted by
you.� For example:
�
We may provide personal information to trusted
service provider partners who are providing internal support services
(�Internal Support Services Partners�) that help us provide and maintain the
Website, the Services and Xumbers. In connection with this, our Internal
Support Services Partners may have access to your personal information for a
limited time. When we provide information to Internal Support Services
Partners, we implement reasonable contractual and technical protections
limiting the use of that information to the Company-specified purposes.
�
We may be required to disclose user information
pursuant to lawful requests, such as subpoenas or court orders, or in
compliance with applicable laws. We do not reveal information until we have a
good faith belief that an information request by law enforcement or private litigants
meets applicable legal standards. Additionally, we may share personal
information with lawyers, law enforcement agents, or government agencies when
we believe it is necessary to comply with the law, to prevent fraud or other
illegal activity, or to prevent imminent bodily harm.
�
If our corporate structure were to change, for
example, if the company is sold or merged with another company, your user
information may be transferred to a new entity. Should such a transfer
occur, we will require that the new entity receiving your information follow
this privacy policy with respect to your personal information unless the new
entity first informs you of a change in the policy.
In addition, an App Store may receive
your Personal Information in conjunction with the downloading of the Xumbers
mobile application.� The use of your
Personal Information by an App Store is governed by the terms of your agreement
with the App Store.
What Usage
Information Does Company Collect?
Company employs web browser cookies and similar
usage tracking technologies to collect and aggregate general information about
users.� The aggregate information we
collect via cookies and similar technologies may be combined with aggregate
information of other users and analyzed.�
This information may include some or all of the following items:
�
The Internet protocol address of your Internet
service provider and your computer, if you have your own static address.
�
The domain name of your Internet service
provider.
�
The date, time, length of stay, and specific webpages, images, games, applications, or forms accessed.
�
Whether you are visiting for the first time or
are a repeat visitor.
�
The webpage/website that referred you to the
Website.
�
The search engine that referred you to the
Website, the Services or Xumbers, including the specific search string or
phrase entered into the search engine to find the Website, the Services or
Xumbers.
�
Demographic information concerning your country
of origin, including your language.
�
The type and version of the Internet browser
that you use to visit the Website or use the Services or Xumbers, the type and
version of your operating system, and information regarding any errors that you
experience on the Website or in the Services or Xumbers.
You may be able to reject cookies or
otherwise disable the collection of usage information via the settings in your
web browser, but doing so may make some functions of the Website, the Services
or Xumbers not work as well as they would if you allow cookies and the
collection of usage information.
This Privacy
Policy in no way restricts or limits our collection and use of aggregate usage
information, which may be shared with third parties without your consent.
Does
This Privacy Policy Cover Information You Provide in Association with a Digital
Millennium Copyright Act (�DMCA�) Notification or Counter-notification?
No, this
Privacy Policy does not apply to information you provide to us in association
with a DMCA notification or counter-notification.� All information
contained in or associated with a DMCA notification may be provided to the
alleged infringer.� All information
contained in or associated with a DMCA counter-notification may be provided to
the initial claimant.
Transmission
of Information to United States Servers
Our Website and
the Services and Xumbers are controlled and operated from our offices within the
State of Michigan.� By choosing to visit our Website, use
the Services or Xumbers, or otherwise provide information to Company, you agree
that any dispute over privacy or the terms contained in this Privacy Policy
will be governed by the laws of the State of Michigan and shall be resolved as
more fully set forth in Section 22 of our Terms of Use [http://www.xumbers.com/EULA/tou.html].
If you use the
Website, the Services or Xumbers outside of the United States, personal
information may be transferred to servers inside the United States and
maintained indefinitely.� If you are in the
European Economic Area, you should be aware that this may involve the transfer
of information out of countries located in the European Economic Area and to
the United States.� By accessing and
using the Website, the Services or Xumbers, you agree and consent to such
transfer and processing of your data.
Links
to Third Parties
The Websites,
the Services and Xumbers may contain links to other services and websites.� Please
refer to Section 6 [http://www.xumbers.com/EULA/tos.html]
of our Terms of Use for Company�s disclaimers and other
information regarding such Linked Site.�
When you leave the Website and/or
visit a Linked Site, this Privacy Policy is no longer applicable.� We do not control, are not responsible for
and have no liability for the practices, including the collection of personal
information, of Linked Sites, or the privacy policies and/or terms of
use/service of any Linked Sites and you should review the policies and
agreements of such Linked Sites carefully.�
We encourage our users to read the privacy statements of each and every
service and website that collects personal information.
Your California Privacy Rights
FOR RESIDENTS
OF CALIFORNIA ONLY.� Section 1798.83 of
the California Civil Code requires select businesses to disclose policies relating
to the sharing of certain categories of your personal information with third
parties.� If you reside in California and
have provided your personal information to Company, you may request information about our disclosures of
certain categories of Personal information to third parties for direct
marketing purposes.� Such requests must
be submitted to us at one of the following addresses: by clicking the
Contact Us button on the Xumbers.com
web page or Konvisser Custom Software, C/O Joshua Konvisser, Pillsbury
Winthrop Shaw Pittman, LLP, 1540 Broadway, New York, NY 10036-4039.
Within thirty (30) days of receiving such a request,
we will provide a list of the categories of Personal information disclosed to
third parties for third-party direct marketing purposes during the immediately
preceding calendar year, along with the names and addresses of those third
parties.� This request may be made no
more than once per calendar year.� We
reserve our right not to respond to requests submitted other than to the address
specified in this Section.
Contacting
Us
If you have
any questions or concerns about this Privacy Policy, you may contact us through
any of the following means, however, please be sure to specify the reason for
your communication.� Please be aware that
any opt out or other requests with specific email address will not be addressed
through communication to these general means.
����������� Online:������������������������ Click the Contact Us button on the Xumbers.com web page
U.S. Postal Mail:��������� Konvisser
Custom Software, LLC
Contact Regarding Xumbers Privacy Policy
C/O Joshua Konvisser
Pillsbury Winthrop Shaw Pittman, LLP 1540 Broadway
New York, NY 10036-4039
Telephone: 248-682-3009������
Facsimile:������������������� 248-682-3009
Changes to this Privacy Policy
To help you track the changes to our Privacy Policy, a history of any changes made will be listed here, and will start with changes made after our initial Privacy Policy dated September __, 2012.� Company shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on the Website.� If you continue to access and/or use the Website or any of the Services or Xumbers after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the terms as changed.� The revised Privacy Policy shall supersede all previous notices or statements regarding the Website, the Services and Xumbers.� For this reason, we encourage you to review this Privacy Policy any time you access or use the Website, the Services and Xumbers, and recommend that you print out a copy for your records.
� 2012 Konvisser Custom Software, LLC� --�
All Rights Reserved.
Updated: October 6, 2012