Privacy Notice
Original: September 16, 2015
Kudoru, Inc. (“Kudoru”, “we”, “our”, or “us”) values your trust and respects your expectation of privacy. This “Privacy Notice” sets forth our privacy practices and describes how we collect, store, use, disclose, and protect your information, including your Personal Information (information that can be used to identify you). Please note that any posts or other content posted at the direction or discretion of users of the Service becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
You agree to our use of your Personal Information as set forth in this Privacy Notice when you access, use and register with our websites or with our software applications, and other Kudoru service and promotion offerings (collectively, the “Kudoru Services” or “Services”). If you do not agree, please do not access, use, or register for the Kudoru Services. This Privacy Notice is incorporated into and is subject to Kudoru’s Terms of Service.
Information we collect
When you choose to use the Kudoru Services we may automatically collect information about you that may or may not include Personal Information. Examples of Personal Information include, but are not limited to your name, phone number, Internet Protocol (IP) address, duration of use, physical address, email address, third party website usernames and passwords. We collect Personal Information from the following sources:
Information Provided by You. Information we receive from you by telephone, by your use of the applications, in membership requests, on our websites and on other forms submitted by you. You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), payment method information (if applicable), membership requests, and mobile device information to Kudoru when choosing to participate in various uses of the Kudoru Service, such as registering as a user, updating your status or registering a payment method.
Transaction Information. When you conduct a transaction using our Service or other third party services we collect information regarding the nature of your transaction (such as your payment history, parties to transactions, and card usage). Your transaction information may come from third party service providers, joint marketers, or others.
Log File Information. When you use the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, cookie(s) that may uniquely identify your browser, your phone number, the phone number you are requesting the status of and various status information. When you use the Service, our servers log certain general information that the Service sends whenever a message is sent or received, or if you update or request any status information.
Cookies. We, including our third party service providers, use certain tools to collect information about you while you are using the Service. These tools use cookies that are small text files that are stored on your computer’s hard drive. The cookies are used, among other things, to improve our website’s performance, to provide you with customized options, to compile statistical reports on website activity, or for security purposes. We also use cookies to recognize you as a previous visitor of our website, or to pre-populate our website forms. Such information may be disclosed to our third party service providers to provide on our behalf any of the activities mentioned above.
How we use the information we collect
We may disclose all of the information, as described above, as permitted by law. Examples of what is permitted by law include: disclosing such information (a) to affiliated or nonaffiliated third parties if it is necessary or helpful in confirming your membership or completing a transaction; (b) to secure and monitor the website for fraud and policy enforcement; (c) send information to you, such as changes to our terms and conditions, policies, administer promotional offers; (d) to other cardholders that share your account; (e) to support the website’s social sharing functionality; system audits, develop new functionalities and products; (f) to report to consumer reporting agencies; (g) to comply with legal process such as subpoenas or court orders; (h) to respond to law enforcement agencies with respect to suspected or actual fraud, criminal activity or security risks; and (i) if you give us your consent.
Any Personally Identifiable Information or status content that you voluntarily disclose on the Service becomes publicly available and may be collected and used by other users of the Service (unless such user is blocked by you). Your name may be displayed to other through the Service and other users may contact you through the Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Service; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.
Third Party Offerings. We may disclose all of the information we collect, as described above, to payment processors or financial institutions (e.g., card issuers) or other companies that perform vendor, data analysis, or marketing services on our behalf. We require third parties sign agreements with us that contain confidentiality provisions.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Service. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. The Service also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that we believe, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Service, and to protect the rights, property, or safety of Kudoru, our users or others.
Opt out. You can choose not to provide us your Personal Information when you use the Service. However, if you choose not to provide required Personal information, then you may not be able to use certain features of the Service.
You can opt out of receiving promotional email from us by following the unsubscribe link in those email messages. You can opt out of receiving SMS text messages from us by replying STOP to any message or any other manner set forth in our Terms.
Links to Other Web Sites. The Service may contain links to other websites. As such, we are not responsible for the privacy practices or the content of such third party websites.
Changes to this Privacy Notice
We reserve the right to amend this Privacy Notice for any reason from time to time by posting a notice of the change (or an amended Privacy Notice) on our website at www.Kudoru.com or within the Service. We may send you a notice of the change of this Privacy Notice when required by applicable law. We may e-mail periodic reminders of our notices and Terms and Conditions, but you should check our websites frequently to see the current Privacy Notice and Terms that are in effect and any changes that may have been made to them. The provisions contained herein supersede all previous policies, notices or statements regarding our privacy practices that govern the use of the Services.
If you do not agree to our practices or the conditions of use, you should not use our websites or their benefits or Service. You agree that any dispute over privacy or the terms contained in this Privacy Notice, or any other agreement we have with you, will be governed by the laws of the State of Texas. You also agree to arbitrate such disputes in Texas, and to abide by any limitation on damages contained in any agreement we may have with you.How to review and edit your information
In most instances, the Service allows you to access, review and edit the Personal Information you provide to us. Otherwise, you may contact us using the information at the bottom of this statement to request access to or that we update, or correct the Personal Information collected by us. It is important that you understand that we are legally required to retain certain Personal Information for auditing and regulatory purposes, to troubleshoot problems, assist with investigations, enforce our policies or comply with other legal requirements. Please note that we are not responsible for permitting you to review, or for updating or deleting Personal Information that you provide to a third party, including any app, social media platform, or wireless service provider.Information Security
We restrict access to your Personal Information to our employees and agents who have a business reason to know such information (e.g., to process your transactions or provide services to you). We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your information.
No Guarantees
We have taken diligent efforts in protecting your information. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, you should understand that we are not in a position to guarantee that your information is 100% secure. There may be factors beyond our control that may result in unintentional disclosure of data. Accordingly, we are not responsible for the theft, destruction, or inadvertent disclosure of your information. Further, we do not guarantee the accuracy, completeness, timeliness or correct sequencing of any information provided by the websites. Your use of such information is voluntary.
In the unfortunate event that your information is compromised, we may notify you by email (at our sole and absolute discretion) to the last email address you have provided us.
In the Event of Merger, Sale, or Bankruptcy
In the event that Kudoru is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.Questions or Comments
If you have any questions regarding our Privacy Notice or you have any concern about the privacy at Kudoru or the use of our websites in general, you can contact us at the at: Kudoru, Inc. Attn: Legal Department – Privacy Notice 12 Greenway Plaza, Suite 1100 Houston, Texas 77046 Email: support@kudoru.com.
California State-Specific Customer Notice Information
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to support@kudoru.com. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.
Do Not Track Notice. Except through the use of cookies to determine whether or not a user has visited the site before and our network affiliates displaying advertisements to previous visitors when they visit other sites, we do not track our visitors to our websites over time and across third party websites and therefore does not respond to Do Not Track (DNT) signals. As described above with regards to our use of cookies, you may set your browser not to accept cookies, however this may limit the functionality of the Service. Some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser may allow you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
