PRIVACY POLICY

Last Updated: October 11, 2013

This Privacy Policy applies to www.kabuto.com and all other web sites, features, applications, widgets or online services that are owned or controlled by Kabuto Corporation and its affiliated companies (“Kabuto”) and that post a link to this Privacy Policy (collectively, the “Service”).  This “Privacy Policy” describes the personal data we collect, why we collect it, how we use it, and when we share it with third parties.  Please note that certain features or services referenced in this Privacy Policy may not be offered on the Service at all times.  Please review this Privacy Policy carefully, as well as our Terms of Service (www.kabuto.com/terms-of-service/).  By accessing or using the Service, you consent to the information collection, disclosure and use practices described in this Privacy Policy.

This Privacy Policy does not apply to any other product, service or application, or website that does not display or link to this Privacy Policy.  If you have any questions about this Privacy Policy, please contact us as described in the section entitled “Contact Us,” below.  Kabuto Corporation is a Delaware corporation with its principal place of business at 920 Stewart Drive, Suite 100, Sunnyvale, CA 94085.

1.      Key Points

Here is a summary of some important information regarding our privacy practices, including third parties who may collect certain information when you use the Service.  Please review our full Privacy Policy before using our Services.

The Service allows you to interact and collaborate with Kabuto’s other Registered Users, if you choose to do so, through participation in a shared Workspace.  Depending on the level of permissions granted to a Registered User within a Workspace, that Registered User may be able to view, download, edit, share within and outside of the Service, and delete your User Content (e.g., files you have uploaded to the Workspace).  In addition, a Registered User may also have the right to grant other Registered Users some or all of the same rights to your User Content.

We primarily use information we collect to allow you to use the online features and activities that comprise the Service.  Please review the “What Information We Collect” and “How We Use Information We Collect” sections for more information.  Note that we do not share your personal data with third parties for their direct marketing purposes.  However, we may share your personal data, including User Content (e.g., files you upload to Kabuto) under limited circumstances.  For more details, please review the section below entitled “How We Share Information with Third Parties.”

Currently, we do not display third party advertisements on the Service.  However, we work with third party service providers to provide us with information regarding the use of the Service and may work with third party service providers to serve advertisements for Kabuto on other web sites.  We do not share personal data (i.e., information that identifies you as a specific individual, such as your name or e-mail address) with these third parties.  However, analytics service providers, ad network providers, and other vendors may set and access their own tracking devices on the Service (including cookies and web beacons) and they may otherwise collect or have access to information about you and your visits to this or other web sites.  Such information may be used to display targeted ads to you elsewhere online.  For more information, please review the “Third Party Analytics Providers and Ad Servers” section below.  Some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising.  You may want to visit http://www.networkadvertising.org/managing/opt_out.asp orhttp://www.aboutads.info/choices/ which provides information regarding targeted advertising and offers an “opt-out” by participating companies.

2.     What Information We Collect

We collect both personal and non-personal information on our Service.  Personal data is information that can be used to identify you as a specific individual.  Non-personal information may include information about how you use our Service, the areas of our Service that you visit, browser type, and internet service provider (ISP).  The following is a more detailed explanation of these types of information.

(a) Personal Data

We may collect personal data, such as your name, address, phone and fax numbers, and email address, and may ask you to provide other information about yourself, such as your job title and employer, through your use of the Services, including when you register for an account (each person who registers a user account with the Service is referred to in this Privacy Policy as a “Registered User”) or submit a form.

We may also collect personal data, such as your email address, from other Registered Users who share files with you or request that we send you an invitation.

Upon your request, we may link to your contacts when you give us access to your account with certain third party services (e.g. Outlook, Google, Facebook and LinkedIn) for your use in your account and also to email invitations to those contacts on your behalf at your request.  When you choose to share files or folders, we collect the email addresses you provide.  If you access the Service on your mobile device, we may, with your permission, collect information regarding contacts stored on your device.

(b) User Content.

If you are a Registered User, we will collect and store the comments, messages and files that you upload, download or access with the Service (“User Content”), which may contain textual, graphic, audio, video, data or other content that may include personal data.  Kabuto may also offer integration or functionality that allows you to upload content to the Service while using third-party products or services.  Once uploaded, such content will be considered User Content and will be subject to this Privacy Policy.

(c) Location Data.

If you access the Services from a mobile device, we may, with your permission, collect information about your geographic location.  While generally non-personally identifiable, to the extent that this location data is associated with your personal data, such as User Content, it will be treated as personal data.

(d) Your User Profile

You may have the opportunity to create a profile, which consists of information about you, which may include personal data, photographs, and other information (“Profile”).  The information in your Profile will not be visible to the general public, but it will be visible to other Registered Users of the Service with whom you are connected through a common Workspace or otherwise have a common shared connection through the Service (e.g., friends of friends).  

(e)  Non-Personal Information

We and our third party service providers, including analytics, advertising, and third party content providers, may use a variety of technologies to automatically or passively collect non-personal information from you whenever you access or interact with the Service.  This information may include the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service (if applicable), all of the areas within the Service that you visit, and the time of day you used the Service, among other information.  The information we collect also includes the IP address or other unique device identifier (“Device Identifier”) for any device used to access the Service.  A Device Identifier is a number that is automatically assigned to your device, and our servers identify your device by its Device Identifier.  Some mobile service providers may also provide us, or our third party service providers, with location data regarding the physical location of the device used to access the Service.

The methods used to collect information automatically from visitors to the Service may include the following:

(i) Log Files. We gather information regarding your visits and use of the Service and we store that information in log files.

(ii) Cookies.  A cookie is a small text file that is stored on a user’s device and which may be used for many purposes.  We use cookies in the Service to collect information and improve the Service.

We use both session ID cookies and persistent cookies.  We use session cookies to make it easier for you to navigate our Services.  A session ID cookie expires when you close your browser.  A persistent cookie remains on your device for an extended period of time.  Persistent cookies enable us to track and target the interests of our users to enhance their experience on our Services.  You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.  To learn more about cookies, please visit http://www.allaboutcookies.org/.

If you reject cookies, you may still have use of the Services, but your ability to use some areas of the Service will be limited.  For example, you will not be able to use the Service on your computer browser at all, but your ability to use the Service on your mobile device will not be affected.

A Flash cookie is a data file placed on your device via the Adobe Flash plugin, which may be built-in to or downloaded by you to your computer or other device.  Flash cookies may be used for various purposes, such as enabling a Flash feature and remembering your preferences.  If you choose to adjust your Flash privacy settings on your device, some features of the Service may not function properly.  For more information about Flash and the privacy choices Adobe offers, visit: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html

(iii) Web Beacons.  Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and e-mail messages.  Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon.  Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

(iv) Embedded Scripts.  An embedded script is programming code that is designed to collect information about your interactions with the Service, such as your clickstream.  The code is temporarily downloaded onto your device from our server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.

3.     How We Use Information We Collect

We use information collected through the Service, including personal data and information collected automatically regarding your visits, to provide and improve the Service, respond to your inquiries, tailor content we display to you, and to communicate with you about our products, services, promotions, our company, and other products or services we think may be of interest to you.  We also use information collected about you to process your registration, including verifying the information you provided is valid, to enforce applicable agreements and policies for the Service, to notify you of changes to this Privacy Policy, for internal business purposes (including allowing you to utilize search functionality within User Content), and for any purposes otherwise described in this Privacy Policy or disclosed to you at the time your information is collected.  In addition, if you submit your resume, we may contact you about potential employment opportunities and we will use your information to prepare governmental and internal statistics reports.  We may combine personal data with non-personal information, and in those cases, will treat all combined information as personal data.

4.     How We Share Information with Third Parties

Kabuto may share non-personally identifiable information, such as aggregated statistics, with third parties in our discretion.  Kabuto does not share personal data with third parties for their direct marketing purposes.  We may share the information we have collected about you, including personal data, for other purposes disclosed at the time you provide your information or with your consent, as described in this Privacy Policy, and in the following circumstances:

(a) Third Parties Providing Services on Our Behalf.  The personal data and non-personal information you provide to the Service, including your User Content, may be shared with our third party agents and service providers who provide services to Kabuto, which may including helping Kabuto to: (1) operate, analyze and improve the Service; (2) process transactions; (3) engage in Kabuto sales and marketing efforts; and (4) conduct its recruitment and staffing efforts.

(b) As You Request with Other Registered Users And Third Parties.  The Service allows Registered Users to create and participate in “Workspaces,” which permit communication and collaboration between Registered Users. Your Profile, User Content and a record of certain of your interactions with the Workspace will be shared with other Registered Users who are members of the Workspaces to which you belong or who share a connection with you through the Service (e.g., friends of friends).  Depending on a Registered User’s level of permissions within a Workspace, that Registered User may be able to view, download, edit, share within and outside of the Service, and delete your User Content.  In addition, a Registered User may also have the right to grant other Registered Users some or all of the same rights to your User Content.  You may also choose to link your User Content to or through third-party products or services or to send your User Content to third parties.

(c) Administrative or Legal Reasons.  We may transfer and disclose information, including personal data, to third parties in order to comply with a legal obligation; when we believe that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Service or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of the Service, its users, or others.

(d) Business Transitions.  In the event Kabuto goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal data will likely be among the assets transferred.  By providing your personal data, you agree that we may transfer such data to the acquiring entity without your further consent, including as part of the due-diligence process with any potential acquiring entity.  You will be notified via email and/or a notice posted on our Service of any such change in ownership or control of your personal data.

(e) Sweepstakes, Contests and Promotions.  We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration.  By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion.  If you choose to enter a Promotion, your personal data may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

(f) Employment Applications.  If you apply for a job through the Service or a third-party website, Kabuto or its service providers may ask you to provide self-identifying information (such as veteran status, gender and ethnicity) in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission and other federal, state and local regulatory agencies.  Providing such self-identifying information is voluntary, but if you do provide such information, Kabuto or its service providers may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.

5.     Security

Kabuto takes commercially reasonable steps to help protect and secure the information it collects and stores about its users.  However, please remember that no data storage or data transmission is guaranteed to be 100% secure.  Thus, while we strive to protect your personal data, Kabuto cannot ensure and does not warrant the security of any information you transmit to us.

6.     Links to Other Websites; Third Party Content; Your Sharing of User Content Outside of the Service

The Service may contain links to third party websites, such as the websites of Kabuto partner companies.  In addition, certain content or functionality of the Service may be provided, hosted, or served by third parties.  Kabuto takes no responsibility for the content, operation or privacy practices of such websites or third parties.  This Privacy Policy does not apply to third party websites, and you should check the policies of any linked website before offering information to the sponsor of the website.  Kabuto provides these links to you only as a convenience, and the inclusion of any link to such websites does not imply endorsement by Kabuto of those sites.

The Service may include functionality that allows you to share your User Content and other personal data outside of the Service with third parties who are not Registered Users.  For example, you may be able to generate a publicly accessible hyperlink to a file you have uploaded to the Service.  Kabuto takes no responsibility for the privacy of information you share publicly through the use of such features.

7.     Third Party Analytics Providers and Ad Servers

Although the Service currently does not display ads from third parties, Kabuto works (or may in the future work) with network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other web sites, within mobile apps and elsewhere online, and to provide us with information regarding the use of the Service and the effectiveness of our advertisements.  Our service providers may collect certain information about your visits to and activity on the Service as well as on other web sites or services.  The advertisements you see may be served by one or more third parties, who may use information about your visits to or activities on the Service and other web sites or services to provide you with targeted advertisements.

We do not share personal data with these service providers, but they may set and access their own tracking technologies on your device (including cookies and web beacons) and may otherwise collect or have access to information about you.  These service provider cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.  We may share non-personally identifiable information about visitors with third party advertising companies, analytics providers and other vendors for similar purposes.

As an example, we currently use a third party analytics service called Google Analytics that uses cookies to track non-personally identifiable information about visitors to the Services in the aggregate.  Google Analytics collects visitor IP addresses, browser type, ISP, referring/exit pages, operating system, date/time stamp, and clickstream data to help us better understand user behavior on the Service.

While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising.  You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members.  You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt- out” by participating companies in the DAA Self-Regulatory Program.  Please note opting out through these mechanisms does not opt you out of being served advertising.  You will continue to receive generic ads while online.

8.     Consent to Transfer

We operate the Service from the United States.  If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States.  By visiting the Service, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

9.     Opting-Out / Updating Your Information

As a Registered User, you may be able to review and update your account information through the Service, including certain personal data and your communication preferences.  We give you the opportunity to opt-out of receiving marketing e-mails from us by following the opt-out instructions provided in those e-mails.  Registered Users can make changes to certain types of messages and alerts they receive by changing the relevant settings on the Service’s “Notifications” menu.  Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) and these transactional account messages may be unaffected if you opt-out from receiving marketing e-mails related to the Service.  Registered Users who access the Service by using our mobile application may, with permission, receive push notifications.  Notification preferences can be modified in the settings menu for the mobile application.

10.  Children Younger than Age 13

The Service is not intended for children younger than the age of 13 and we do not knowingly collect personal data from children younger than 13.  If we believe that we have inadvertently gathered personal data from children younger than the age of 13, we will delete such data.  If you are the parent or legal guardian of a child under 13 and believe that we might have data regarding that child, please contact us at legal@kabuto.com.

11.  Changes to This Privacy Policy

We may revise this Privacy Policy from time to time at our sole discretion.  If we decide to change our Privacy Policy, we will post a new policy on our Site and change the date at the top of the policy.  Therefore, we encourage you to check this Privacy Policy whenever you visit the Site for any updates or changes.  We will notify you about material changes in the way we treat personal data by sending a notice to the primary email address specified in your Kabuto account or by otherwise providing notice.  However, we will not make material changes to how we use your previously collected personal data, unless you consent to the new or revised policy or generally to such uses.

12.  Updating Your Information and Closing Your Account

You are responsible for maintaining the accuracy of the personal data you submit to us.  You may update your personal data by changing the information in your account.  For other information, you may contact us using the details provided in the “Contact Us” section, below.  We will make good faith efforts to make requested changes in our then active databases within a reasonable period of time.  You also may contact us and request that we close your user account.  You will no longer be able to use the Service once you close your account.  Also, once you close your account, any User Content you previously uploaded to a shared Workspace will remain available to other Registered Users with access to that Workspace (unless you affirmatively delete such User Content from the Workspace prior to requesting to close your account) and shared Workspaces you have created will remain operational following the deletion of your account.  If you created any shared Workspace of which you are the sole Registered User with permission to edit files or invite users, such administrative control of that Workspace may be transferred to another Registered User following the deletion of your account.  Please note that information you update or delete, or information within a closed account, may persist internally or for our administrative purposes, and that it is not always possible to completely remove or delete information from our databases.

13.  Contact Us

If you have questions or comments about this Privacy Policy, please contact us by email at legal@kabuto.com or write to:

Kabuto Corporation

Attn:  Legal Department

920 Stewart Drive, Suite 100

Sunnyvale, CA 94085