Privacy Policy

Last Updated: November 20, 2017

Thomas & Darden Inc. (“T&D,” “Company,” “We”) 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, the “Website” or “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 the 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 the 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 Website, including Personal Information.  The legal definition of personal information varies from jurisdiction to jurisdiction.  Under this policy, the term “Personal Information” refers to information that, either alone or in combination with other information collected, identifies an individual.  When we combine other information (i.e., information that does not, on its own, identify an individual) 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 Website (e.g., by submitting this information to us via a form) may 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 Website 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 Website.
  • 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 the Website.

You also may provide information to be published or displayed (“posted”) on public areas of the Website, or transmitted to other users of the Website 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 the Website 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 Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • 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 is statistical data and may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website 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 Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

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 Website. 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 Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. 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 the Website 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 the Company, 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 the Website 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 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 Website 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 the Website.
  • 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 Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • 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.

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 contractors, service providers and other third parties (e.g., payment processors; logistics companies who ship our products) 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 Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Company about our Website 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 Website, 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 Company, 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 the 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 this 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 the Website. You may also send us an e-mail at privacy@kubesound.com stating your request to opt out, but we cannot guarantee that we will be able to accommodate any such opt-out request.
  • Promotional Offers from the Company. If you do not wish to have your e-mail address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by not using the Website. You may also send us an e-mail at privacy@kubesound.com stating your request to opt out, but we cannot guarantee that we will be able to accommodate any such opt-out request.
  • 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 the Website. You may also send us an e-mail at privacy@kubesound.com stating your request to opt out, but we cannot guarantee that we will be able to accommodate any such opt-out request. 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.

8.  Accessing and Correcting Your Information

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

You may also send us an e-mail at privacy@kubesound.com to request access to, correct or delete any Personal Information that you have provided to us. 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 the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

9.  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.  

10.  Data Security

We have implemented measures designed to secure your 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 your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. 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 the Website.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password 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 the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

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 the Website, make any purchases through the Website, 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.  Users from Outside the United States

The Site is hosted in the United States and is governed by United States law. If you are using the Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

13.  Contact Information

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