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KY3 VIP Terms and Conditions

Privacy Policy

This Privacy Policy discloses the privacy practices for the KY3 VIP website located at
(the "Website"). KY3, Inc., a Missouri corporation, (referred to as “us” or “we”), the provider of the
Website, is committed to protecting your privacy online. Please read the following to learn what
information we collect from you (also referred to as the “User” or the “End User”) and how we use that
information. If you have any questions about our privacy policy, please email us.


1. Changes to Privacy Policy

If we decide to change our privacy terms, we will post those changes to this Privacy Policy, the Website
home page, and other places we deem appropriate so you remain aware of what information we collect,
how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make
material changes to this Privacy Policy, we will notify you here, by email, or by means of notice on our
Website home page.

2. Types of Information Collected and Uses of Collected Information

We collect two types of information about our Website Users: "Personally Identifiable Information"
and "Non-Personally Identifiable Information".

Personally Identifiable Information. "Personally Identifiable Information" is information that identifies a
specific End User. When you engage in certain activities on the Website, such as creating an account,
ordering a product or service from us or our partners, submitting content and/or posting content in
discussion forums, entering a contest or sweepstakes sponsored by us or our partners, filling out a
survey, posting a review, sending us or our partners feedback, requesting information about our
services, submitting an affiliate agreement, applying for a job, posting a video, or signing up for special
offers from third parties through the Website (collectively, “Identification Activities”), we may ask you to
provide certain information about yourself. It is optional for you to engage in an Identification Activity. If
you elect to engage in an Identification Activity, however, we may ask you to provide us with certain
personal information about yourself, such as your first and last name, mailing address (including zip
code), email address, telephone number, and/or date of birth. When you order products or services, we
also may ask you to provide us with your credit card number, expiration date, and authentication codes,
or related information. Depending on the activity, some of the information we ask you to provide is


identified as mandatory and some is identified as voluntary. If you do not provide the mandatory
information for a particular activity that requires it, you will not be permitted to engage in that activity.

We use Personally Identifiable Information to provide products and services to you, administer
sweepstakes and contests, enhance the operation of the Website, improve our marketing and
promotional efforts, analyze Website use, improve our product and service offerings, and tailor your
experience with third parties as provided in Item 3 of this Privacy Policy. For example, if you send our
customer service an email, we may use your comments and feedback to tell others about our services,
and may post your comment in our marketing materials or on our Website. In addition, if you use our
Website to send information or a product to another person, we may store your Personally Identifiable
Information. We may also use Personally Identifiable Information to troubleshoot, resolve disputes,
accomplish administrative tasks, contact you, enforce our agreements with you, (including our Website
Terms of Use and this Privacy Policy), comply with applicable law, and cooperate with law enforcement

Non-Personally Identifiable Information. "Non-Personally Identifiable Information" is information that
does not identify a specific End User. This type of information may include things like the Uniform
Resource Locator (“URL”) of the website you visited before coming to our Website, the URL of the
website you visit after leaving our Website, the type of browser you are using, and your Internet
Protocol (“IP”) address. We, and/or our authorized Third Party Service Providers and Advertisers, may
automatically collect this information when you visit our Website through the use of electronic tools like
cookies and web beacons or pixel tags, as described in Items 4 and 8 of this Privacy Policy.

We use Non-Personally Identifiable Information to troubleshoot, administer the Website, analyze
trends, gather demographic information, comply with applicable law, and cooperate with law
enforcement activities. We may also share this information with our authorized Third Party Service
Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and

3. Release of Personally Identifiable Information

We will not share, sell, rent, or trade your Personally Identifiable Information with other parties except
as provided below:

We may share your Personally Identifiable Information with particular merchants (referred to as “KY3
VIP Merchants”). From time to time, we provide offers to End Users from KY3 VIP Merchants who, as
part of the offer and to aid redemption, request information on KY3 VIP subscribers who received the
offer. We will, however, only share Personally Identifiable Information with a KY3 VIP Merchant if you
engage in an Identification Activity, and then only to the KY3 VIP Merchant involved in that Identification
Activity. Sharing this Personally Identifiable Information may allow a KY3 VIP Merchant to market
directly to you should they choose to do so. We specifically disclaim any responsibility or liability for the
actions of such KY3 VIP Merchant. While we inform them they are only permitted to communicate with


you for the purposes of the specific promotion with KY3 VIP, we do not have any responsibility for the
actions of the KY3 VIP Merchant, and the actions of the KY3 VIP Merchant are not in our control.

We provide certain services and products through third parties (“Authorized Third Party Service
Providers”). We may share your Personally Identifiable Information with Authorized Third Party Service
Providers. The Authorized Third Party Service Providers perform functions on our behalf, such as
sending out and distributing our administrative and promotional emails. We may share your Personally
Identifiable Information with such Authorized Third Party Service Providers to fulfill orders, deliver
packages, send postal or electronic mail, administer contests or sweepstakes, remove repetitive
information on customer lists, analyze data, provide marketing assistance, provide search results and
links, process credit card payments, operate the Website, troubleshoot, and provide customer service.

We may also collect Personally Identifiable Information from individuals and companies (“Affiliates”)
with whom we have business relationships and may share that information with Authorized Third Party
Service Providers to accomplish our administrative tasks. For example, when you order a service, we
release your credit card information to the card-issuing bank to confirm payment for the service, and, if
applicable, release your address to the delivery service to deliver the service. Likewise, we may release
an Affiliate’s information to our bank to send out a payment. We encourage KY3 VIP Merchants and
Third Party Service Providers to adopt and post privacy policies. The use of your Personally Identifiable
Information by such parties is governed by the privacy policies of such parties and is not subject to our

We may remarket your information. Remarketing is a way for us to connect with Users, based upon your
past interactions with the KY3 VIP website. Third-party marketing vendors may be hired by KY3 VIP to
perform remarketing services. As a result, third-party vendors may show KY3 VIP ads on sites on the
internet. Third-party vendors use cookies to serve ads based on a user’s prior visits to KY3 VIP’s website.

We may share your information in a business transfer. We could merge with, or be acquired by, another
company. If this occurs, the successor company would acquire the information we maintain, including
Personally Identifiable Information. Personally Identifiable Information would remain subject to the
terms of the Privacy Policy.
We may share your information for our protection and the protection of others. We reserve the right to
disclose your Personally Identifiable Information as required by law and when we believe that disclosure
is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process
served on our Website; enforce or apply this Privacy Policy, our Website Terms of Use or other
agreements; or protect the rights, property or safety of the Website, its Users, or others.

4. Release of Non-Personally Identifiable InformationWe may disclose or share Non-Personally
Identifiable Information with partners, Affiliates and advertisers. For example, we may share aggregated
demographic information (which does not include any Personally Identifiable Information) with “Third
Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below:

We use Third Party Advertising Companies to provide ads when you visit our Website. These companies


may use Non-Personally Identifiable Information about your visits to this and other websites in order to
provide, through the use of network tags, advertisements about goods and services that may be of
interest to you. Some of these Third Party Advertising Companies may be advertising networks that are
members of the Network Advertising Initiative (“NAI”). If you would like more information about any
NAI member company, or you would like to opt-out of targeted advertising from any NAI member
company, click here:

We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and
volume statistical information from our Users to administer our Website and constantly improve its
quality. We may also publish this information for promotional purposes or as a representative audience
for Advertisers. Please note this is not Personally Identifiable Information, but merely general
summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by

5. Updating and Correcting Information

We believe that you should have the ability to access and edit the Personally Identifiable Information
you provide us. You may change any of your Personally Identifiable Information by logging into your
account and accessing the “profile page” section of the Website, sending us an email at, or
writing to us at 999 W. Sunshine, Springfield, MO 65807. Please indicate your name, address, and email
address, and what information you would like to update when you contact us.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may
ask to have the information on your account deleted or removed; however, because we keep track of
past transactions, you cannot delete information associated with past transactions on the Website. In
addition, in may be impossible for us to completely delete all of your information because we
periodically backup information. We do not currently store credit card information on our Website or
any of our servers.

6. User Choices on Collection and Use of Information

As discussed above, you can always choose not to provide Personally Identifiable Information, although
it may be required to engage in a given activity on the Website.

As a condition of purchase of our products and services, we will send you administrative and
promotional emails. We will send you information regarding your account activity and purchases as well
as updates about our products and promotional offers. You cannot opt-out of administrative emails.
Administrative emails relate to a User’s activity on the Website and include emails regarding a particular
User’s account, requests, or inquiries, and purchases of products and services. In contrast to
administrative emails, however, you do have a choice with respect to promotional emails. Promotional
emails advertise our products and services, including exclusive sales and other offers, and/or the
products and services of our advertisers and Affiliates. If you do not want to receive promotional emails


from us, you may elect to opt-out of receiving promotional emails at any time after registering by e-
mailing us at, by writing to us at the address contained herein, or by selecting
the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your
name, address, email address, and which promotional emails you do not want to receive.

7. Security of Information

We take security seriously and take numerous precautions to protect the security of Personally
Identifiable Information. You can access your Personally Identifiable Information on our Website
through a password and your email address. This password is encrypted. We recommend you do not
share your password with anyone. In addition, your Personally Identifiable Information resides on a
secure server to which only selected personnel and contractors have access.

No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.
We employ commercially reasonable security measures to protect data and seek to partner with
companies which do the same. We cannot, however, guarantee the security of any information
transmitted to or from the Website and are not responsible for the actions of any third parties that may
receive any such information.

8. Data Tracking

Cookies. To facilitate and customize your experience with the Website, we store cookies on your
computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes
which contains information about that User. We use cookies to save you time while using the Website,
remind us who you are, and track and target User interests to provide a customized experience. Cookies
also allow us to collect Non-Personally Identifiable Information from you. Use of this information helps
us to create a more user-friendly experience for all visitors. In addition, we may use Third Party
Advertising Companies to display advertisements on our Website. As part of their service, they may
place separate cookies on your computer. We have no access to or control over these cookies. This
Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by
any advertiser. Most browsers automatically accept cookies, but you may be able to modify your
browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts
of the Website may not work properly.

Other Tracking Devices. We may use other industry standard technologies such as pixel tags and web
beacons to track your use of our Website pages and promotions, or we may allow our Third Party
Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images
placed on certain pages on our Website, or in our emails which allow us to determine whether you have
performed a specific action. When you access these pages or open or click an email, pixel tags and web
beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and
improve our understanding of visitor traffic and behavior on our Website as well as give us a way to
measure our promotions and performance. We also may utilize pixel tags and web beacons provided by


our Affiliates and/or marketing partners for the same purposes.

9. Privacy Policies of Third Party Websites

This Privacy Policy only addresses the use and disclosure of information we collect from you on the
Website. Other websites that may be accessible through this Website have their own privacy policies
and data collection, use, and disclosure practices. If you link to any such website, we urge you to review
the website’s privacy policy. We are not responsible for the policies or practices of third parties.

10. Miscellaneous Privacy Issues

Children. Minors under the age of 18 may not use the Website. We do not knowingly collect personal
information from anyone under the age of 18, and no part of the Website is designed to attract anyone
under the age of 18. KY3 VIP does not sell products for purchase by children.

Public Areas. We may provide areas on our Website where you can publicly post information about
yourself, can communicate with others such as discussion boards or blogs, or can review products,
restaurants, and submit media content. This information may be accessible by other consumers and
companies and may appear on other websites or web searches, and therefore this information could be
read, collected, and used by others. For example, if you post your email address along with a public
restaurant review, you may receive unsolicited messages. We have no control over who reads your
postings or what other users may do with the information you voluntarily post, so please use caution
when posting any personal information.

Notice of Privacy Rights to California Residents. California law requires we provide you with a summary
of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California
Business and Professions Code. As required by the Act, we will provide you with the categories of
Personally Identifiable Information that we collect through the Website and the categories of third
party persons or entities with whom such Personally Identifiable Information may be shared for
direct marketing purposes at your request. California law requires us to inform you, at your request,
(1) the categories of Personally Identifiable Information we collect and what third parties we share
that information with; (2) the names and addresses of those third parties; and (3) examples of the
products marketed by those companies. The Act further requires us to allow you to control with whom
you do not want us to share that information. To obtain this information, please send a request by
email or standard mail to the address found below. When contacting us, please indicate your name,
address, email address, and what Personally Identifiable Information you do not want us to share with
Affiliates or marketing partners. The request should be sent to us in accordance with Paragraph 12 and
labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note
there is no charge for controlling the sharing of your Personally Identifiable Information or requesting
this notice.


Governing Law; Venue.


This Agreement will be governed by and construed in accordance with the laws of the State of Missouri
without regard to choice of law principles thereof. Any claim, action, suit or other proceeding initiated
under or in connection with this Agreement may be asserted, brought, prosecuted and maintained only
in any federal or state court in Greene County, Missouri. Youhereby waive any and all right to object to
the laying of venue in the courts in Greene County, and to any right to claim that the court may be an
inconvenient forum. You and we hereto submit to the jurisdiction of the courts of Greene County.

12. Contacting Us

If you are a new or loyal customer, restaurant owner, marketer, publisher, media member or job seeker
we’d like to stay connected and want to hear from you!

Corporate Address:

KY3, Inc

999 W. Sunshine

Springfield, MO 65807

For Customers

Customer Service Inquiries |