Privacy Policy

Effective 10/23/18

Welcome to the rubyhaus.com (the “Website”), an online service, operated by Rubyhaus, Inc. (“Rubyhaus”, “us”, “we”, or “our”). Rubyhaus is concerned about privacy issues and has adopted this Privacy Policy (“Privacy Policy”) so you can understand how we deal with information we collect from and about you. This Privacy Policy explains what information may be collected on and through our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies to information we collect through the Website or through other websites or offline sources for use in connection with the Website (e.g., by providing information to a customer sales representative).

BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE. We reserve the right to change this Privacy Policy without prior notice. You can determine when this Privacy Policy was last revised by referring to the “LAST UPDATED” legend at the top of this page. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Website. Use of the Website following such changes constitutes your acceptance of the revised Policy then in effect.

If at any point we decide to use your Personally Identifiable Information (defined and explained below) in a manner materially different from what was stated at the time it was collected, we will notify you of this change by either posting on the Website or through an e-mail to the last e-mail address provided to us. You will have a choice (by means of an “opt out” opportunity) as to whether or not we use the information in this different manner. We will use information in accordance with the Privacy Policy under which your information was collected if you opt out of the new policy.

See Section D(5) of this Privacy Policy for information on how we comply with California Privacy Rights.

A. INFORMATION WE COLLECT

Our Website typically collects two kinds of information about you: (a) information that you provide directly to us or our affiliates that personally identifies you; and (b) information that does not personally identify you, which we automatically collect when you visit our Website or that you provide us.

(1) Personally Identifiable Information: Our definition of “Personally Identifiable Information” includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, password, and entity affiliation. As a general policy, we do not automatically collect your Personally Identifiable Information when you visit our Website, but registration for the certain services will require that you provide us with Personally Identifiable Information. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your Personally Identifiable Information in connection with a feature, program, or some other aspect of our Website. For instance, you may provide your name, address, e-mail address, credit card number (with expiration date) and phone number when registering with our Website. Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or register for our services.

(2) Non-Personally Identifiable Information: Our definition of “Non-Personally Identifiable Information” is any information that does not personally identify you. Non-Personally Identifiable Information can include certain Personally Identifiable Information that has been de-identified; that is, information that has been rendered anonymous. We obtain Non-Personally Identifiable Information about you from information that you provide us, either separately or together with your Personally Identifiable Information. We also automatically collect certain Non-Personally Identifiable Information from you when you access our Website. Like most website servers, we collect information from your browser on our server logs, which can include, but is not limited to, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your internet service provider (e.g., America Online, NetZero, etc.), the search terms you use on our Website, the specific web pages you visit, your browser language preferences, the content you choose to download or print, and the duration of your visits.

B. HOW WE USE & SHARE THE INFORMATION COLLECTED

(1) Personally Identifiable Information: The Personally Identifiable Information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with your registration for and use of the Website. We may use and share your Personally Identifiable Information for the purposes of maintaining the Website and the services provided on the Website. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you with promotional information for our products or those of our parent company, subsidiaries or other affiliated entities, or to communicate with you about content or other information you have shared with us via our Website. You may opt-out from receiving future promotional information from us as set forth below.

In certain instances we may also share your Personally Identifiable Information with our third-party vendors performing functions on our behalf—for example, vendors that process credit card orders, analyze and manage our data, assist us with customer service, etc. Our vendors agree to use this information only to carry out our requests. Except as provided in this Privacy Policy or as may be described when you submit the information, your Personally Identifiable Information will not be shared or sold to any third parties without your prior approval.

(2) Non-Personally Identifiable Information: We use Non-Personally Identifiable Information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your Non-Personally Identifiable Information by itself or aggregate it with information we have obtained from others. We may share your Non-Personally Identifiable Information with third parties to achieve these objectives and others. Note that aggregate information is anonymous information that does not personally identify you.

C. COOKIES AND WEB BEACONS

We automatically receive and store certain types of Non-Personally Identifiable Information whenever you interact with us. For example, like many other websites, we use “cookies” and “web beacons” (also called “clear gifs” or “pixel tags”) to obtain certain types of information when your web browser accesses our Website. “Cookies” are small files that we transfer to your computer’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as a frequent user of our Website. “Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.

Examples of the information that we may collect and analyze in this manner include the internet protocol (IP) address used to connect your computer to the internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our Website, including the URL you come from and go to next (whether this URL is on our Website or not); and cookie number. The cookies and web beacons that we use do not contain and are not tied to Personally Identifiable Information.

If you are concerned about the storage and use of cookies, you may be able to direct your internet browser to notify you and seek approval whenever a cookie is being sent to your website browser or hard drive. You may also delete a cookie manually from your hard drive through your internet browser or other programs. Some parts of our Website, however, will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies. To learn more about cookies, please visit this informational website.

D. OTHER USES & INFORMATION

(1) IP Addresses: An IP address is a number that is automatically assigned to your computer whenever you are surfing the internet. Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address. When visitors request pages from our Website, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report Non-personal aggregate information to others, and to track the use of our Website. IP addresses are considered Non-Personally Identifiable Information and may also be shared as provided above. It is not our practice to link IP addresses to anything personally identifiable.

(2) E-mail Communications: If you send us an email with questions or comments, we may use the information we collect about you to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, it relates to product updates, or customer support, we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.

(3) Transfer of Assets: As we continue to operate and develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the Personally Identifiable Information and Non-Personally Identifiable Information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

(4) Other: Notwithstanding anything herein to the contrary, we reserve the right to disclose any Personally Identifiable or Non-Personally Identifiable Information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website’s users or the general public.

(5) Your California Privacy Rights: Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain Personally Identifiable Information as defined under California law during the preceding year for third-party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at Privacy@rubyhaus.com.

(6) Retention Period. We will retain the information we collect about you for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required by law.

E. CHILDREN

The features, programs, and other aspects of our Website requiring the submission of Personally Identifiable Information are not intended for children. We do not knowingly collect Personally Identifiable Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed Personally Identifiable Information to us please contact us at Privacy@rubyhaus.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s Personally Identifiable Information as well as prohibit the use thereof.

F. KEEPING YOUR INFORMATION SECURE

We have implemented reasonable organizational, technical, and physical security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect the information we collect about you, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of the information we have collected about you. In the unfortunate event that your Personally Identifiable Information (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we will make all notifications required by law. Unless applicable law requires otherwise, we will notify you by e-mail to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section H (“Contact and Opt Out Information”) below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

G. OTHER SITES/LINKS

Our Website may link to or contain links to other third party websites that we do not control or maintain, such as governmentally maintained legal resource websites. We are not responsible for the privacy practices employed by any third-party website. We encourage you to note when you leave our Website and to read the privacy statements of all third-party websites so you can understand how the websites collect, use, and share your information.

H. CONTACT & OPT-OUT INFORMATION

You may contact us as at Privacy@rubyhaus.com if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any Personally Identifiable Information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us; or (d) wish to withdraw your consent to sharing your Personally Identifiable Information with others.

We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.

I. JURISDICTIONAL ISSUES.

The Website is controlled and operated by Rubyhaus from the United States, and is not intended to subject Rubyhaus or any affiliated entity to the laws or jurisdiction of any state, country or territory other than that of the United States. Rubyhaus does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Rubyhaus may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction, and/or at any time and in Rubyhaus’s sole discretion.

J. SOLE STATEMENT

This Privacy Policy as posted on this Website is the sole statement of our privacy policy with respect to this Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Website.

Further questions about this policy can be sent to support@rubyhaus.com

CINLibrary 0126840.0605796     2929218v1