Updated by Justin Kramer
Our visitors' privacy is important to us, and we recognize the need to provide additional privacy protection for children on the KAVYAR Sites permitting such visitors. Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States. Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information.
What Information We Collect
In general, we collect two types of information:
- Information that you actively give to us (including audio, video, textual submissions, collaborator names); and
- Information we automatically collect about your computer or wireless devices (such as IP address, cookie ID, or other unique device identifiers).
How We Store Such Information
We take reasonable precautions against the unauthorized access to or loss of your information, always with the goal of keeping our security up to date as cyber threats change. Despite such precautions, there is always a chance of unauthorized access to or loss of your information. If you think a third party has accessed your information, please contact us immediately as instructed below.
How We Use Such Information
In general, the information we collect may be used to respond to your requests; enable you to take advantage of KAVYAR Sites features and services; measure analytics; manage and improve the services available on the KAVYAR Sites; and enable communication with third parties as described below. We also use collaborator information to create public portfolios for those credited collaborators that submitters credit in their submissions. We may use your information in these ways when and where it is consistent with legal requirements to do so.
Information We Share with Third Parties
Depending upon the circumstances, we may share collected information with (a) law enforcement or others as needed to protect or defend our rights and the rights of others; (b) third parties we hire to handle certain activities; (c) advertisers or third parties with whom we may partner to provide you additional content, products or services; (d) in the event of a corporate transaction; (e) publishers and magazines on the Site and (f) otherwise with your consent.
What Information Others May Collect
Third parties may collect and disclose certain identifiers, like IP address or cookie information, solely for the support of the internal operations of the KAVYAR Sites, such as providing content or allowing features to run on the KAVYAR Sites, serving contextual advertising, and using analytics and other tools to improve the quality and performance of the KAVYAR Sites.
Some of these third parties, such as advertising networks that serve targeted advertising on websites and online services intended for older audiences, or analytics service providers that analyze the performance of the KAVYAR Sites may use their own unique identifiers, and their use of these technologies is within their control and not ours. These companies may use the information they collect from you consistent with their own privacy policies, which we encourage you to review.
Your Control Over Your Information
You have the right to access, update and correct factual inaccuracies in any personally identifiable information we collect about you.
Parents and guardians can review any personally identifiable information collected about their children and request that such information be deleted and/or that no further information be collected.
Who We Are
The KAVYAR Sites are made available by the KAVYAR. If you have any questions about our information handling practices, including our practices with respect to children's personal information, please contact us at:
260 E. Main St.
Rochester, New York 14604
I. INFORMATION COLLECTION AND USE
We may request or collect certain information when you visit the KAVYAR Sites. However, visitors are required to share only the information that is reasonably necessary to participate in the particular activity.
A. Registration Information:
The information required to register may include: (a) birth date; (b) gender; (c) state; (d) zip code; (e) user name and password; (f) wireless telephone number; (g) email address; (h) submitted images; (i) collaborator names; (j) payments made between publishers and submitters and (k) other profile information such as communications preferences, and interests. If you have connected Facebook to your KAVYAR account, we may also collect your Facebook user id, name, gender, email, location, birthday and similar information.
If the Site has actual knowledge that a user is under 13 years old, the child may be asked to provide his or her parent's or guardian's email address.
Registration information is used to enable visitors to log into their accounts across different devices and platforms.
B. Computer Information Collected by Us:
When visitors come to a Site, we may automatically collect certain information from their computers or mobile devices, such as the type of computer operating system (e.g., Windows XP or Mac OS), the visitor's IP address, the web browser (e.g., Internet Explorer, Safari, Chrome and Firefox), UDID (for certain mobile devices), information about the websites visited before and after visiting the Site, the web pages and advertisements viewed and links clicked on within the KAVYAR Sites, interactions with e-mail messages sent by a Site (e.g., links clicked on and whether the messages were opened or forwarded), information collected through the use of unique identifiers such as cookies (see below), information regarding the Internet service provider, and other standard server log information ("Computer Information").
C. Computer Information Collected By Others:
Third parties may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit KAVYAR Sites for the purposes of supporting the internal operations of the KAVYAR Sites, which can include, for example: 1) providing content or allowing features to run on the Sites; 2) serving contextual advertising; and 3) using analytics and other tools to improve the quality and performance of the KAVYAR Sites.
KAVYAR Sites may use a variety of third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the KAVYAR Sites, help prevent you from seeing repeated advertisements, and measure and analyze traffic on the Sites. Third Party Advertising Service Providers may also be used to facilitate targeting of advertisements and measure and analyze advertising effectiveness ("Targeting Services"). These Targeting Services enable us, for older audiences, to display advertisements based on your visits to the KAVYAR Sites and other websites you have visited and may include delivering advertisements or other content for products and services that may interest you. Targeting Services also enable us to research the usefulness of certain advertisements. KAVYAR does not behaviorally target advertising to children under 13 where KAVYAR has actual knowledge that a user is under 13.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the KAVYAR Sites except to the extent necessary to provide services to the Sites. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to other information about you. In addition, Third Party Advertising Service Providers may collect aggregate log data separately and independently from what the KAVYAR Sites collect.
You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not the KAVYAR Sites. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and those sites may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. We encourage you to research and direct any of your questions in this regard to these third parties.
With respect to the Tracking Technologies set by Third Party Advertising Service Providers and advertisers (and outside the control of the KAVYAR Sites), you have a number of options:
We may from time to time permit Third Party Advertising Service Providers and Advertisers to collect Information on the KAVYAR Sites. Some of these Providers and Advertisers may participate in the Network Advertising Initiative's Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising . Please click on the links to these tools to learn more about your choices.
Please note the following with respect to opting out of Tracking Technologies set by Third Party Advertising Service Providers and advertisers:
The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you opt-out but then use the controls in your browser to delete all Tracking Technologies, you may have to opt-out again, a second time, in order to re-establish your opt-out preferences.
Opt-outs are browser-specific. This means, for example, that if you opt out while using Internet Explorer 9, this choice will not affect the collection of information collected by Tracking Technologies when you use Mozilla Firefox on the same device. It also means that opting out on one device will not affect the collection of information by Tracking Technologies on other devices you may use to access the KAVYAR Sites.
You also can prevent the use of certain Tracking Technologies (other than Flash cookies) on a particular device by using the controls in your Web browser. To do so, you must complete both of the following steps:
Delete existing Tracking Technologies through the "Internet Options" sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature; and
Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser's support feature. (See the "help" section of your browser for more information.)
You may be able to set the device you use to access the KAVYAR Sites to warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the KAVYAR Sites. Additional information on warnings and removal of warnings may be available through your browser's support feature.
Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers' Tracking Technologies does not mean that you will no longer receive online ads. Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers' Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on the KAVYAR Sites.
PLEASE NOTE THAT THE USE AND STORAGE OF FLASH COOKIES TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR BROWSER. For more information about Flash cookies and how to remove them from your computer, please click here .
D. Geolocation Information:
E. Other Data Collection and Use.
We may collect search query information when visitors search for information on the KAVYAR Sites. We may also collect information from visitors when they contact us with questions and comments.
We may use this information, along with any of the other information described above, to (i) analyze use of the KAVYAR Sites and understand and improve our service offerings; (ii) prevent potentially prohibited or illegal activities; and (iii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may combine information collected through the KAVYAR Sites with information we collect from other sources (e.g., social media integration services, offline records or publicly available information). It is your responsibility to provide complete and accurate information and to keep such information up to date. We are not responsible for any problem or liability arising from your failure to do so.
II. DISCLOSURE TO THIRD PARTIES
We may share your information with third parties for the limited purposes described below. In the U.S., parents of children under the age of 13 have the option of consenting to the collection and use of their child's personal information without consenting to the disclosure of that information to certain third parties.
A. Law Enforcement and Safety.
If you have concerns about the conduct of a particular user, please send an e-mail to email@example.com. This email is not to contact us about the status of your account.
Information collected through the KAVYAR Sites may be transferred, disclosed or shared with third parties engaged by us to handle and deliver certain activities, such as message boards, newsletters, and advisory boards, and to perform other technical and processing functions, such as sending postal mail and email, maintaining data integrity, programming operations, user services or technology services. We may provide these third parties information collected as needed to perform their functions. Some of these agents, such as payment processors, may request additional information during the course of offering their services. Before you provide additional information to third party agents, we encourage visitors to review their privacy policies and information collection practices.
C. With Publishers
We may share submitter registered information and additional collected information (“Submitter Habits”) with publishers. The Submitter Habits may include, but are not limited to, total number of submissions, rejection information, social following counts, and amount spent on the platform.
D. Business Transfer
In the event that assets relating to one or more of the KAVYAR Sites are transferred or sold to another entity as a result of, for example, a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy, information collected at the KAVYAR Sites may be transferred to the acquiring company.
E. With Your Consent
We may otherwise disclose your information pursuant to your consent.
III. INTERNATIONAL TRANSFER
The KAVYAR Sites are designed for and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. While users from countries other than the U.S. may access certain of the KAVYAR Sites, we make no representation that the KAVYAR Sites are operated in accordance with the laws or regulations of, or governed by, other nations.
If you are located outside of the U.S., you use this Site at your own risk and initiative and you, not we, are responsible for compliance with any applicable local and national laws. Please be aware that any personal information and other information you provide to us or we obtain as a result of your use of this Site shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.
IV. SECURITY, STORAGE AND RETENTION OF INFORMATION
The KAVYAR Sites maintain reasonable technical and organizational steps to help ensure that information collected is secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections which guard against unauthorized access. We limit access to visitor's information to employees and contractors who are authorized for the proper handling of such information, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We also take reasonable steps to help make sure our third-party agents protect the security of your personal information. However, as with most Internet sites or services, it is possible that third parties may unlawfully access such personal information through a number of means despite our efforts.
V. ACCESSING AND CORRECTING INFORMATION.
A. Reviewing Your Information
You have the right to access, update and correct factual inaccuracies in personally identifiable information that we collect online at the KAVYAR Sites, subject to certain exceptions. To do so, you should log into your account or you may e-mail us at firstname.lastname@example.org. To help protect your privacy and the security of your personally identifiable information, we will take reasonable steps to verify your identity before granting access.
Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us at email@example.com. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username and the name and URL (if applicable) of the website, application or other interactive service. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
KAVYAR may maintain any user, including submitters and publishers, information for legal purposes including taxes and submission information granted to or used by publishers and magazines. This information will be kept internally and will not be available to the public. Usernames, emails and permissions and/or rights granted will be internally maintained.
B. Parental Access
Parents/guardians of children under the age of 13 can email us a signed form that allows them to review any personally identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child's personally identifiable information. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian. Our contact email is firstname.lastname@example.org
C. Personal Data
“Personal Data” means any information that can be used to identify, contact, or locate you, such as: your name, address, email address, or phone number, but does not include any information that has been fully anonymized so that a specific individual can no longer be identified from it.
You may request to receive your personal data in a machine-readable formation. You may also request, subject to feasibility, your personal data be transferred to another company.
VI. HOW AND WHY WE USE PERSONAL DATA
We collect information, which may include Personal Data, because it helps us deliver the absolute best user experience we possibly can. It is one of our core beliefs that we can only achieve that goal with your help and by customizing your experience. Gathering this information enables us to connect you with other people interested in technology like yourself and technology vendors, provide you with convenient and accurate information about discussion topics you may be interested in, and bring you timely and relevant information about the products and services that you may need. In addition, this information helps us keep you informed on the latest product and service announcements, software updates, and support information in a timely fashion. Most importantly, this information allows us to tune the product experience over time (including showing your more relevant content and ads), optimizing the Service based on your feedback and how you actually use the Service.
More specifically, we use your Personal Data in the following ways:
Internal and Service-Related Usage. We use data that you input into, or that is collected by, the Service to perform the services requested in connection with those portions of the Service. We may store and combine the Personal Data you submit or we collect via any part of the Service with information from third parties in order to deliver the Service, to provide you with a better experience and to improve the quality of our services.
We may use data that you input into, or that is collected by, the Service to derive anonymized or aggregate data about your current IT environment, or your company operations, and may use this data to display customized content and advertising to you, and/or compare your environment configuration to those of the broader user community or for other purposes. Such information does not identify you individually.
We may use Clickstream Data to analyze trends, to administer the Service, to track users’ movements around the Site, to gather demographic information about our user base as a whole, and to operate and improve the KAVYAR technologies and services. We may use and retain any data we collect to provide and improve our services.
Communication. We use your Personal Data to contact you about administrative notices, application & network alerts, community activity, product updates, offers and promotions, and general news about the Company and our partners. This communication may be in the form of an alert, email or possibly a phone call, where permitted under applicable law. The frequency of this type of communication varies based on the type of notification. For example, alerts are delivered as they occur, while our product newsletter is generally delivered monthly. You can manage your email preferences with respect to content and delivery or you may unsubscribe from all emails from us. You can also email us at email@example.com regarding your communication preferences.
Advertising. Like most other websites you probably use, in order to serve you ads and to make them relevant to you, we need to use the data we know about you. We also may share information we have collected to show our partners how effective their campaigns performed or how to make their campaigns more effective.
Search Engines. Certain Personal Data may also be accessible via search engines or similar services.
necessary for the performance of a contract to which you are a party (for example, between you and a publisher);
necessary for us to take steps, at your request, to enter into such a contract (for example, to facilitate a contract between you and a publisher);
necessary for the purposes of our legitimate interests or those of a third party and not overridden by the interests or fundamental rights and freedoms of any data subject (for example, where we desire to provide improved client customer service and support as well as enhancing and developing our products and services); or
necessary for compliance with a legal obligation to which we are subject. For example, under applicable law, we may be obliged to: (1) secure and maintain technical and organizational measures to protect the security of your data; (2) investigate and report any (suspected) breaches of those technical and organizational measures; or (3) comply with legal and regulatory obligations, including, but not limited to, complying with minimum retention periods for certain types of data.
Where we do not consider that we can rely on a legal basis for processing that as set out above, then we will ask for your consent before processing your information.
VII. RIGHT TO OBJECT
If you are a resident of the European Union, you may request the Company stop processing your personal data if your data is being processed for the purpose of Direct marketing; Scientific/historical research and statistics; or the Company’s legitimate interest or in carrying out a task in the public interest or for an official authority.
If you object to direct marketing, the Company will stop processing your data without a fee. However, the Company may continue to process your data, despite your objections, if, in the case of processing for the purposes of scientific/historical research and statistics, the processing is necessary for the performance of a task carried out for reasons of public interest; or in the case of processing based on legitimate interests or on the performance of a task in the public interest/exercise of official authority, there is are compelling legitimate grounds that override your interests, rights and freedoms.
VIII. LINKS TO THIRD PARTIES.
The websites that comprise the KAVYAR Sites may contain links to other sites, including but not limited to those of sponsors, advertisers, social networking platforms, publishers and survey companies. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites.
IX. YOUR CALIFORNIA PRIVACY RIGHTS.
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to or write us: firstname.lastname@example.org or you may contact us via regular mail at:
260 E. Main St.
Rochester, New York 14604
X. RIGHT TO BE FORGOTTEN
If you are a resident of the European Union, you may request data erasure (also known as “right to be forgotten”). This process allows a user to have the data controller erase his or her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. If a resident of the European Union seeks to exercise this right, the user may send an email to email@example.com with the subject Right to be Forgotten.
Users should be aware that this right requires data controllers to compare the user’s rights to “the public interest in the availability of the data” when considering requests to be forgotten.
XI. CHILDREN UNDER THE AGE OF 13.
The Software is intended for users 18 years of age and older and is not intended for children under 13 years of age. No one under age 13 may provide any information to or use any software or services of the Company. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Company’s Software or provide information to the Company, including your name, address, telephone number, email address, screenname or other personal identifying information. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: firstname.lastname@example.org.
XII. DATA SECURITY AND CONFIDENTIALITY
We have taken the necessary technical and organizational measures to protect your personal data against loss, destruction, manipulation and unauthorized access. All our employees and all persons involved in the data processing are obliged to observe data protection law. and to keep personal data confidential. To protect your personal data, we use a secure online transmission protocol called “Secure Socket Layer” (SSL). You can recognize this where an “s” is added to the URL part “http://” (making it “https://”) or by a green, closed lock icon shown in your browser. By clicking the lock icon, you will get information on the SSL certificate used. The appearance of the icon depends on the type and version of your browser. SSL-encryption ensures an encrypted and complete transmission of your data.
In the event of a breach containing personal data where the personal data is unencrypted data or encrypted data and the encryption key, you will be notified in compliance relevant state or country or territory laws.
XV. IDENTITY OF DATA CONTROLLER
Data Controller in the meaning of the data protection law:
260 E. Main St.
Rochester, New York 14604
XVI. CONTACT US
If you have any other questions about our information handling practices, please contact us at:
260 E. Main St.
Rochester, New York 14604
Or email us at: email@example.com