Privacy Policy

Last Modified:  June 7, 2016

Kixer, a division of Lakana, LLC (“Kixer”, “we”, “our”, or “us”),is committed to safeguarding your privacy.  We use this privacy policy to clearly disclose to you our privacy practices in a manner that is easy to understand.

This privacy policy (“Privacy Policy”) describes, among other things, the types of information collected about you and/or from you, when you visit our Kixer.com mobile site and Kixer.com website (collectively, “Website”); how your information may be used and when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected. This policy does not apply to information collected on any third party website that may link to or be accessible from the Website. Please check the Privacy Policy for updates or revisions.  By accessing or using the Website, you agree to this Privacy Policy and the collection and use of your information in accordance with this Privacy Policy. We may change this Privacy Policy from time to time and will post a notice of such change in the modified version of the Privacy Policy. Such modified Privacy Policy will be posted on this page. It is important that you review this Privacy Policy regularly to ensure you are updated as to any changes. Your continued use of, and/or participation on the Website after we post a revised version of this Privacy Policy, signifies your acceptance of the revised terms of such policy. 

  1. What Type of Information Do We Collect From You? 
    • We may collect personal information that may include:  first and last name; year of birth; gender; postal or physical address; telephone number; any information or combination of information that can be used to identify, contact and/or locate you as further described in this Privacy Policy; precise location data, including the real-time geographic location of your computer or device; or your e-mail address (collectively, “Personal Information”).
    • We may also collect other information that may include:  aggregate information on the specific pages you access or visit; information you post in interactive areas of the Website such as public forums; technical information about your use of our Website and viewing information collected when you visit and navigate our Website or open our emails; information based on your social media preferences which you share with us, such as Facebook or YouTube; device identifier; IP address; or any other information that does not fall under Personal Information (collectively, “Other Information”).
  2. How Do We Collect Information From You?
    • We may collect Personal Information and/or Other Information through direct and/or indirect means.
    • Direct
      • We collect Personal Information and Other Information directly from you when you submit such information on the Website.  This includes information such as registration information, contact information, user submissions, and public postings.  If you do not want to share your information, you can choose not to provide the information requested and not participate in a particular service or activity.
    • Indirect
      • Indirect Collection – Cookies and Other Technology
        • Cookies.  A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. Cookies enable us to identify your browser as a unique user.  Cookies may involve the transmission of information from us to you and from you to us.  Cookies may also be used by another party on our behalf to transfer information to us in accordance with their privacy policy.  Some cookies are “persistent cookies”.  They are used by us each time you access the Website.  Other cookies are called “session cookies”.  Session cookies are used only during a specific browsing session.  We may use a session cookie, for example, to remember that you have already navigated through a particular menu, or that you have entered in age information for a portion of a Website that is restricted by age.  We may also use “analytics cookies” that allow web analytics services to recognize your browser or device and, for example, identify whether you have visited the Website before, what you have previously viewed or clicked on, and how you may have found us.  Such Other Information is provided anonymously for statistical analysis only. Analytics cookies are usually persistent cookies. To opt-out/decline cookies from Kixer, please click on the following link: http://ad.kixer.com/opt-out.php
        • Web Beacons.  We employ a software technology called a clear GIF (Graphics Interchange Format), also known as a pixel tag or Web beacon.  A clear GIF is a line of code that we place on the Website, online display advertising, or in e-mails.  The implementation of such code allows us to analyze the general usage patterns of visitors to the Website.  A clear GIF helps us better manage content on our Website by providing insight to the effectiveness of specific content or promotions.  Unless you consent, we do not collect Personal Information from you through the use of Web beacons.
        • Log Files.  Like most standard website servers, we use log files.  Log files track Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.  We utilize this information to analyze trends, administer the Website, prevent fraud, track Website navigation in the aggregate, and gather broad demographic information for aggregate use.
        • Flash Cookies.  Flash cookies, also known as local shared objects, are used to store preferences such as video volume, or display content based on what you view on our Website using the Adobe Flash Player.  Flash cookies are not stored through the browser.  Advertisers and third party service providers may use Flash cookies to collect and store information.  Information about disabling Flash cookies may be found at www.adobe.com.  If you disable Flash cookies, you may lose some features or functionality on our Website.
      • Social Networking. You can also engage with our content, such as video, games, applications, and other offerings, on or through third-party social networking sites, such as Facebook, Twitter, Google, Instagram, and other third-party social media plug-ins and applications.  This includes use of social media plugins such as Facebook “Like”, Tweet, Google “+1” buttons, etc.  When you use such social networking platforms and plugins, you share Personal Information and/or Other Information with the company responsible for such social networking platform.  In such case, the collection, use, sharing, and protection of the Personal Information and/or Other Information collected through use of the social networking platforms and plugins, is governed by the applicable social network’s privacy policy.  In addition, the social network provider may be able to collect Personal Information and/or Other Information about you, including your activity, or may notify your connections on the social networking platform about your use of the Website.  It is also possible that we may obtain the username and password collected from you on these services and other available information may be shared with us.  Use of the social networking platforms and plugins may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising.  Please note that each social networking platform’s privacy policy will apply and we encourage you to read them.  Kixer is not responsible for and has no control over such social networking platforms.  We may add new social networking plugins and buttons to the Website from time to time.
      • Third Party Services. The third party service provider we use to manage the analytics services on the Website, is Google. For more information about the practices of Google or to opt-out/decline cookies from Google, you may visit Google’s website directly at http://www.google.com/intl/en/policies/privacy/#infochoices.
  3. How Do We Use Your Personal Information and/or Other Information?
    • We will use your Personal Information and/or Other Information to:
      • analyze for internal review;
      • improve the content of the Website;
      • notify you about updates to the Website;
      • provide support/services, or share with agents or contractors who assist in providing support/services for our internal operations;
      • contact you for marketing purposes and/or to customize your marketing experience;
      • adhere to legal requirements;
      • abide by requests from governmental authorities conducting an investigation;
      • verify or enforce compliance with the policies governing the Website, legal process, and/ or applicable laws;
      • protect against misuse or unauthorized use of the Website;
      • limit damages and/or pursue remedies, if applicable;
      • share with our successor entity in connection with a corporate merger, consolidation, sale of assets, or other corporate change related to the Website;
      • notify you of other products, services, or events available from Kixer;
      • enable you to more easily use our Website by remembering and using your contact information;
      • evaluate, monitor and analyze the use of our Website and its traffic patterns to help improve our Website and services;
      • post testimonials that you provide about our products/services, after obtaining your consent;
      • deliver email newsletters and alerts;
      • make our products and services better; and/or
      • compile, analyze and perform research on our user’s demographics and behavior.
  4. Who Is Collecting Your Information?
    • When you are on our Website and are asked for Personal Information or Other Information, you are sharing such information with Kixer and its service providers.  Except as provided in this Privacy Policy, only Kixer and service providers will have access to your Personal Information and Other Information.  If Personal Information or Other Information is to be collected and/or maintained by any company other than Kixer or its service providers, we will try to notify you on the Website or in an updated version of this Privacy Policy.
    • Third party websites to which we link may collect Personal Information or Other Information about you when you visit those sites.  The information practices of third party websites linked to the Website are not covered by this Privacy Policy.  Kixer is not responsible for and has no control over such third party websites. Once you leave our Website via such a link or by clicking on an advertisement, you should check the applicable privacy policy of the third party, advertiser site, and/or application to determine how such third party will handle any information they may collect from you.  You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by us. We are NOT responsible for the privacy practices or the content on any of these other sites or applications, including any sites or applications that may indicate a special relationship or “partnership” with us.  If you decide to access any of the third-party sites or applications linked to the Website, you do so entirely at your own risk.
    • This Privacy Policy addresses only our use of information we collect from you online.   It does not apply to information you choose to disclose to other parties whether through chat rooms, forums, personal ads, or interactive areas of our Website that allow you to submit or post your own content or the like.  We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.  Accordingly, information you disclose or content you provide on message boards, in chat rooms, forums, or in any other way, can be viewed, collected and/or used by others.  Kixer is not responsible for information you disclose in such manner.
  5. Our Disclosure of Your Information.
    • Except as provided below, we will not disclose any of your Personal Information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or as described below.
    • Service Providers
      • We occasionally hire other companies to provide services on our behalf, including packaging, delivering or mailing, website development and operation, answering customer questions about products or services, sending postal mail or email, analyzing Website use, and processing data.  We will only provide those companies the information they need to deliver the service, and they are contractually prohibited from using that information for any other reason.
    • Data in the Aggregate
      • We may disclose “anonymized” aggregated data and user statistics to prospective partners and other third parties.  This information cannot be used to individually identify you.  Such “anonymized” aggregated data and user statistics we collect are in the form of aggregated statistics, such as the traffic generated by visits on various pages within our Website and the habits and preferences of our audience.  We may use such aggregated information and disclose it to third parties as we see fit.
    • Other
      • We may also disclose your information in special cases.  For example, when we believe that we must disclose information to identify, contact or bring legal action against someone who may be violating our policies, or may be causing injury to or interference with our rights or property, other Website users or customers, or anyone else who may be harmed by such activities.  We may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service and improve our products and services.  As we continue to develop our business, we may buy or sell businesses or assets.  In such transactions, confidential customer information generally is one of the transferred business assets.  In the event of a transaction involving the sale of some or all of Kixer’s businesses, customer and Website visitor information may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction.  In such case, the transferred information may become subject to a different privacy policy.
  6. Security of Information.
    • We take reasonable security precautions to secure the Personal Information and Other Information that you choose to provide, against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully.  While we strive to protect your information, we cannot ensure or warrant the security of any information that you transmit to us. Any such transmission is done at your own risk.
    • We do not and will not ever request your login information, password or credit card information in an unsecured or unsolicited email or telephone communication.  This practice is commonly known as “phishing.”  For more information about “phishing” and protecting your Personal Information from identity theft, you may want to visit the Federal Trade Commission website at www.ftc.gov.
  7. Our Commitment To Children’s Privacy.
    • Our Website is intended for a general audience and we do not knowingly collect or store contact information about children under the age of 13.  We may ask for a birth date to ensure that we are not collecting information from children under 13 or to identify when additional steps may need to be taken in connection with information collected from children under 18.  In those instances where we have actual knowledge that we are collecting information from children or offering a product/service directed to children on the Website, we will comply with applicable laws.
  8. Your California Privacy Rights.
  9. Your Choices Regarding Your Information and Receipt of Communications.
  10. Applicable Law
    • We control and operate our Website from the United States. This Website is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Website is appropriate for use in any particular jurisdiction.  Those who choose to access the Website do so at their own initiative and are responsible for complying with all local laws, rules and regulations.  Further, by using and participating on our Website or providing us with your information, you consent to the collection, transfer, storage, access and processing of your information in and/or outside of the jurisdiction in which you reside.
  11. Contact Information