Privacy Policy

Last Updated: July 9, 2021

Thomas & Darden Inc. (“T&D”, “we”, “us” or “our”) respects your privacy.  This Privacy Policy describes the types of information we may collect from you when you visit the website, www.kubesound.com, or other T&D websites and apps that link to this Privacy Policy (collectively, our “Site”), and our practices for collecting, using and disclosing that information.

 We may revise and update this Privacy Policy from time to time and will post the updated Privacy Policy to our Site. We encourage you to periodically review this page for the latest information on our privacy practices.  If changes to the Privacy Policy are material (i.e., changes we believe you will find important), we will provide notice to you by e-mail or by posting notice of the changes on our affected websites and apps.  UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SITE. 

1. Information We Collect About You and How We Collect It

We collect information through our Site in the following ways:

• Directly from you when you provide it to us (described in more detail in Section 2).
• Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies (described in more detail in Section 3).
• From third parties, for example, our business partners.

 We collect several types of information from and about users of our Site, including Personal Information.  The legal definition of “Personal Information” varies from jurisdiction to jurisdiction.  Under this Privacy Policy, the term “Personal Information” refers to information that, either alone or in combination with other information, identifies you.  When we combine other information (i.e., information that does not, on its own, identify you) with Personal Information, we treat the combined information as Personal Information.

2. Types of Information You Provide to Us

Examples of the types of information that you may provide us on our Site (e.g., by submitting this information to us via a form) include:

• Account Information:Information that you provide about yourself when you create an account, such as your name and e-mail address.
• Purchase and Payment Information:Details of transactions you carry out through our Site and of the fulfillment of your orders.  For example, we must collect a shipping address in order to ship your purchased KUBE product to you.  You must also provide credit or debit card information, which is securely processed by a third-party processor on our behalf, to place an order through our Site.
• Correspondence:Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Survey Responses:Your responses to surveys that we might ask you to complete for research purposes.
• Search Queries: Your search queries on our Site.

 You also may provide information to be published or displayed (“posted”) on public areas of our Site, or transmitted to other users of our Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

3. Information We Collect Through Automatic Data Collection Technologies, Including Cookies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your device, browsing actions and patterns, including:

• Details of your visits to our Site, including traffic data, location data, logs, other communications data and the resources that you access and use on our Site.
• Information about your computer and internet connection, including your IP address, operating system and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.

 The information we collect automatically (which may include Personal Information) is converted into statistical data, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. This information helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Site according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section 7.
• Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

4. Third-Party Use of Cookies and Other Tracking Technologies

 Some content or applications, including advertisements and social media features (e.g., a “Like” button), on our Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible third-party provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 7.

5. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

• To present our Site and its contents to you.
• To provide you with information, products or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account or use of our Site.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Site or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Site.
• To protect against fraud and abuse (including through the use of automated fraud detection technology implemented by T&D or its third-party service providers).
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Section 7.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 If the European Union General Data Protection Regulation (“GDPR”) applies, our legal basis for collecting and using the information described in this Privacy Policy will depend on the information concerned and the context in which we collect it.  We collect Personal Information from you:

• where we need it to perform a contract with you (g., to fulfill an order);
• where the processing is in our legitimate interests (which include the purposes listed, above); or
• if we otherwise have your consent.

6. Disclosure of Your Information

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To Shopify, which provides the e-commerce platform that we use to enable you to shop securely on our Site.  For more information regarding how Shopify (including its subcontractors) protects your data and privacy, please see Shopify’s Privacy Statement.
• To Google Analytics, an analytics service, to help us analyze the traffic on our Site.  For more information on Google Analytics’ processing of Personal Information, please see “How Google uses data when you use our partners' sites or apps.” 
• To Facebook and other social media and advertising providers we use to help promote our products on our Site and on third-party websites.
• To other contractors, service providers and other third parties (e.g., payment processors; logistics companies who ship our products) that we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by T&D about our Site users is among the assets transferred.
• To third parties to market their products or services to you.
• To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the “e-mail a friend” feature of our Site, we will transmit the contents of that e-mail and your e-mail address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your Personal Information:

• To comply with any court order, law or legal or regulatory process.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or the safety of T&D, our customers, or others.

 We also may disclose aggregated information about our users, and other information that does not identify any individual, without restriction.

 7. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us.  Here are some ways that you may control the information we collect about or from you on our Site:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or nonagent third parties for promotional purposes, you can opt out by not using our Site. You may also send us an e-mail at privacy@kubesound.com stating your request to opt out, which we will respond to in accordance with applicable law.
• Promotional Offers from T&D. If you do not wish to have your e-mail address or other contact information used by the T&D to promote our own or third parties’ products or services, you can opt out by following the opt-out instructions provided in promotional communications sent to you. You may also send us an e-mail at privacy@kubesound.com stating your request to opt out, which we will respond to in accordance with applicable law.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by not using our Site. You may also send us an e-mail at privacy@kubesound.com stating your request to opt out, which we will respond to in accordance with applicable law. We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.

 Although there may be other ways for you to opt out of certain tracking and advertising activities than those listed above, we currently do not respond or take any action with respect to web browser "do not track" signals.

8. Your California Privacy Rights

California law permits users that are residents of California to request the following information regarding our disclosure of your Personal Information to third parties for those third parties’ direct marketing purposes (i) a list of certain categories of Personal Information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year, (ii) the identity of certain third parties that received Personal Information from us for their direct marketing purposes during that calendar year, and (iii) examples of the products or services marketed (if we have that information). If you are a California resident and would like to make such a request, please e-mail us at privacy@kubesound.com.  

9. Additional Rights Relating to Personal Information

If you have a user account with our Site, you can review and change your available Personal Information by logging into our Site and visiting your account profile page.

 If you would like to access, amend, delete, export or restrict the processing of Personal Information collected via our Site, you may submit a request to privacy@kubesound.com. We will respond to requests in accordance with applicable law.  We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from our Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you.  We encourage you to first reach out to us at privacy@kubesound.com, so we have an opportunity to address your concerns directly before you do so.

10. Data Security

We have implemented measures designed to secure Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect Personal Information, we cannot guarantee the security of Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

 The safety and security of Personal Information also depends on you. You are responsible for keeping any of your account log-in credentials confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of our Site because such information may be viewed by any user of our Site.

11. Persons Under the Age of 18

Our Website is not intended for persons under 18 years of age. We do not knowingly collect Personal Information from persons under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on our Site, make any purchases through our Site, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received Personal Information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at privacy@kubesound.com.

12. Retention of Personal Information

We will retain your Personal Information for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Policy unless a longer retention period is required by law. 

13. Personal Information transferred from the EU or Switzerland to the United States

T&D complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework  (collectively, “Privacy Shield”) as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information from European Union (the “EU”) member countries and Switzerland. T&D has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, T&D commits to resolve complaints about your privacy and our collection or use of Personal Information about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Privacy Policy should first contact us via e-mail at: privacy@kubesound.com.

T&D has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, T&D is potentially liable.

14. Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at privacy@kubesound.com.