HOOT for Kids - Privacy Policy


Effective Date: 7/1/2016

HOOT for Kids is committed to safeguarding your privacy; we take your privacy seriously. We will not sell, rent or otherwise distribute your personally identifiable information, which we receive through our website or from any other source, to third parties except as explained below. Please read the following policy to understand the care with which HOOT for Kids will treat your information. This policy may change from time to time so please check back periodically.
If you have concerns, comments or questions concerning this policy, please send us a message through the "Contact" section of www.HOOTforKids.com.

What information does HOOT for Kids collect from me?
HOOT for Kids may collect information about you, such as your name, postal address, email address , zip code, phone number, child's name, age, and child's level of development through any of the following: online email address submissions, purchases, surveys, online gift card purchases, customer relations communications or other voluntary activities.

Can I remain anonymous when I provide information to HOOT for Kids?
You can visit our Website without identifying yourself or giving us any personal information. If you give us your email address, make a purchase voluntarily provide feedback to customer relations or complete a survey, you will no longer be anonymous to HOOT for Kids. We may ask you for additional information from time to time, which you may decide to provide to us or not. If you contact HOOT for Kids through the Website or otherwise, we may keep a record of that correspondence.

How does HOOT for Kids use the information?
HOOT for Kids’ primary goal in collecting information is to improve customer service by understanding your preferences, communicating HOOT for Kids promotions and services and providing you with the best possible experience. On a blinded, aggregated basis, we may do research on our customers' and Website users' demographics and behavior based on the information you, other customers and users provide to us. Personally identifiable information would not be used for this type of research. We may disclose such blinded and aggregated data and user statistics to third parties and for other lawful purposes.

Does HOOT for Kids share my information?
We will not sell, rent or otherwise distribute your personally identifiable information to third parties, except when we have your permission or under the following circumstances: How can I control access to my personal information and its use?
You may contact us you wish to view, edit or delete your personal information from our database and we will use commercially reasonable efforts to accommodate your request.

How does HOOT for Kids protect financial-related information?
Keeping your personal financial information private is vitally important to us. You may provide such information to us when you make a purchase online. We do not store credit card numbers or bank account numbers. This information will be kept secure and we will transfer your credit card number, bank account number or other personal information only to the third party gift card service provider, which is bound to keep your information confidential, and to the appropriate credit card company or bank only in order to process any online payments.

What security precautions are in place to protect the loss, misuse or alteration of my information?
We closely guard your personally identifiable information. We use encryption technology for credit card numbers and bank account numbers. Remember to close your browser window when you have finished your order. This is to ensure that others cannot access your information by using your computer when you are away from it. Because of the global nature of the Internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Though no data transmission over the Internet can be guaranteed to be 100% secure, HOOT for Kids employs security techniques that are designed to protect the privacy of any information you share with us.

What are cookies and how does HOOT for Kids use them?
As part of offering personalized service, we sometimes use cookies and beacon tags or web bugs to store and understand more information about you, such as your nearest HOOT for Kids restaurant. 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. Beacon tags and web bugs allow us to understand what users have viewed a page. We may use cookies, tags or bugs to allow faster and easier access to your information and to monitor traffic on the site and measure traffic patterns to improve functionality.

How do I opt out?
If you no longer wish to receive ongoing marketing communications from us, we will provide you with simple instructions on each marketing email from HOOT for Kids to enable you to unsubscribe from future emails from HOOT for Kids. You may also contact the Privacy Desk as explained above or opt out by sending us a message through the "Contact" section of www.HOOTforKids.com.

What else should I know about my privacy?
Please keep in mind that whenever you voluntarily disclose information online, that information may be accessible to other online users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any other personal information. Please be careful and responsible whenever you are online.

How is information from children treated?
HOOT for Kids does not intend to collect any personally identifiable information from children under the age of 18 without verifiable parental consent. In fact, when we request personal information from users of this Website, we also ask for their birth date in order to comply with the Children's Online Privacy Protection Act (COPPA) which prohibits the collecting of personal information of anyone under the age of 18. If we learn that such a child has provided us with personally identifiable information, we will immediately delete it. If you learn that such a child has provided us with personally identifiable information, the parent or guardian should contact us at the Privacy Desk above and we will immediately delete it.

Terms of Use
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. Your use of the Website of HOOT for Kids ( HOOT for Kids ) or any of the products or services offered on the Webs site (Services) is subject to these Terms of Use (Terms). We may change the Terms from time to time, so please check back periodically. When you use our Website, you accept these Terms, including any changes that we make from time to time.
Some of the Services may be subject to additional posted conditions and your use of those Services is subject to those conditions. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions will control.
Unless you have greater rights in a separate signed agreement with us, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our affiliates or business partners and that these communications are considered part of the Services. You also understand that our Services may include advertisements.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant HOOT for Kids, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Content on our Website
Our Website includes a combination of content that we create and that our affiliates or business partners create. All materials published on our Website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are the intellectual property of HOOT for Kids or our affiliates or business partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Website in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent.
Our Website contains content that we create as well as content provided by third parties. This content may include, among other things, company information, and product or service information or reviews. There may be some inadvertent inaccuracies or typographical errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Website or that located at third party URLs that may be posted on our Website.

Trademarks and logos
The use of HOOT for Kids’ trademarks, service marks and logos is prohibited without our written consent and we will strictly exercise and enforce our rights to them to the full extent of the law.

Privacy policy
All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our privacy policy. Please see our full privacy policy.

Your conduct on our Website
Any information that you choose to provide us must be true, accurate, current, and complete. You agree not to copy or imitate the appearance, design or style of our Website. The technology and the software underlying our Website and the Services is the property of HOOT for Kids, our affiliates and/or our business partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Website or the Services. You agree not to modify the software underlying our Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Website.
You agree that you will not use our Website or its content to take any of the following actions: Use of our Website is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Website.

Indemnification
You hereby agree to indemnify, defend and hold HOOT for Kids and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, HOOT for Kids’ Parties) harmless from and against any and all liability, losses, costs, and expenses, including attorneys' fees, incurred by any HOOT for Kids Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers
Unless you have greater rights in a separate signed agreement with us, we disclaim any service outages that are caused by our maintenance on the servers or the technology that underlies our Website, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEBSITE. OUR WEBSITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration
HOOT for Kids may elect to resolve any controversy or claim arising out of or relating to these Terms or our Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the state of California, necessary to protect the rights or the property of you or HOOT for Kids (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
These Terms will be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in California if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Infringement Claims/Copyright Agent
If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify HOOT for Kids of your copyright infringement claim in accordance with the following procedure. HOOT for Kids will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is: http://www.loc.gov/copyright/

Legal Disclaimers
Price and availability subject to change HOOT for Kids reserves the right to alter the privacy policy at anytime with or without notice. This policy outlines key provisions to our privacy policy, but is in no way intended to be all inclusive of all provisions and restrictions due to the nature of the ever evolving technology platform. For further clarification regarding HOOT for Kids’ privacy policy, please send us a message through the "Contact" section of www.HOOTforKids.com.

© 2017 HOOT for Kids, LLC unless otherwise noted. All Rights Reserved.