Kibly.com Terms Of Service, Privacy Policy, and Contact Information
Kibly Terms of Use

Kibly is a service provided in Nevada. This agreement was last updated on August 28, 2015.

Description of Service
Kibly is a service for 3rd party Amazon Sellers. It allows these sellers to send automatic email notifications to customers who place orders through Amazon. A user may customize which orders receive automatic emails and may customize the content of those messages and when they are sent. The purpose of these emails is to effectively and automatically communicate with customers, primarily to solicit feedback on Amazon and to proactively ask to correct problems with customers' orders before they leave negative feedback.

Eligibility
You must be 18-years old to use the service. You also must have an active Amazon "Sell Professionally" account in order to use the service. Additionally, you must complete the registration through MWS (Amazon Marketplace Web Service) and provide  the proper credentials. By using the service, you warrant that you have permission to access the Amazon Seller account for which you register.

Privacy and Security
Your privacy and the security of your account is very important to us. We use encryption on any areas of the site that contain sensitive information such as credit card numbers, account credentials, or customer information.

Intellectual Property
All logos, domain names, website content and other intellectual property that entail our products and services are the exclusive property of Kibly. You will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. You will not attempt to reverse-engineer the product for any reason.

User Conduct
When using this service you agree to comply with all laws and regulations. You also agree to comply with Amazon's Policies and guidelines located at http://www.amazon.com/gp/help/customer/display.html?nodeId=200441880 as well as any other Amazon policies. You may not use our service to engage in fraud or other illegal activity, or advocate illegal activity. You may not use our service to infringe upon or violate any right of a third party.
You will not use the service in any manner that will interfere with the proper functioning of the site for any other users. You will not use any web bot or spider to access the service.
You acknowledge that we may monitor and measure usage of the system to ensure compliance with these conditions. Failure to comply with any of these conditions may result in the immediate closure of your account without any refunds or credits

Passwords and Account Access
You will at all times maintain the confidentiality of your usernames and passwords. In the event there is a breach of security through your account, you must immediately change your password.
You agree to waive all claims against Kibly in the event the security of your account is compromised. Further, you agree to indemnify, defend, and hold Kibly harmless in the event Kibly incurs damages to its intellectual property or other financial damages due to a breach of confidentiality.

Fees and Payments
You agree to pay all fees associated with using the service. All fees are in US Dollars. You must provide a credit card number to use the service in excess of any of the free accounts. Payment will occur automatically on or about the day shown on the website. In the event that your payment fails or is disputed, we may collect payment via other means including but not limited to collection agencies

Excessive Usage
Kibly reserves the right to limit the number of messages sent from an account if it deems, at its sole discretion, that an account is using excessive resources.

Abuse, Suspension, Termination.
Without limiting our other remedies, we may limit, suspend, or terminate our service and your account at our sole discretion, without notice, and for any reason in the event we think you are abusing our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies. In the event Kibly limits, suspends, or terminates your account, all monies paid to Kibly are non-refundable.

Limitation of Liability.
Under no circumstances, including but not limited to negligence, will Kibly be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages including lost profits, loss of materials, loss of content, loss of goodwill, costs of procuring substitute goods and services, and property damage, that result from (a) the use of, or the inability to use, the Kibly website, or (b) the conduct or actions, of any user of the Kibly website or any other person or entity, even if we have been advised of the possibility of such damages. In the event Kibly is found liable, Kibly total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise will not exceed the amount paid by you in the past three (3) months, if any, or $100, whichever is less.

No Warranty.
The website and services are provided on an as-is basis and without warranty or condition, express, implied or statutory. Kibly, its suppliers and distributors, specifically disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Cancellation
Kibly reserves the right to cancel inactive accounts at our sole discretion and without notice.

Indemnification
By accepting this Agreement, you agree to indemnify, defend, and hold Kibly and its related parties harmless from all claims, judgments, costs, expenses, liabilities or attorneys fees

Governing Law
The enforcement of this agreement shall be interpreted under the laws of Nevada. The venue for any legal action shall be in Nevada.


 
Privacy Policy of kibly.com

This Application collects some Personal Data from its Users.

Data Controller and Owner
Kibly LLC 112 North Curry Street Carson City, Nevada 89703 United States,
[email protected]

Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies, Usage data, email address, first name, last name, province, state, country, ZIP/Postal code, gender, city and phone number.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Place

The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.

The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics, Contacting the User, Interaction with external social networks and platforms, Remarketing and Behavioral Targeting, User database management, Content performance and features testing (A/B testing), Handling payments, Managing contacts and sending messages, Registration and authentication and Traffic optimization and distribution.
The Personal Data used for each purpose is outlined in the specific sections of this document.

Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:

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Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy – Opt Out

Improvely (Awio Web Services LLC.)
Improvely is an analytics service provided by Awio Web Services LLC.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy
Facebook Ads conversion tracking (Facebook, Inc.)
Facebook Ads conversion tracking is an analytics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed on this Application.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

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Commercial affiliation
This type of services allows this Application to display advertisements for third party products or services. Ads can be displayed either as advertising links or as banners using various kinds of graphics.
Clicks on the icon or banner posted on the Application are tracked by the third-party services listed below, and are shared with this Application.
For details of which data are collected, please refer to the privacy policy of each service.

JVZoo (BBC Systems Inc.)
JVZoo is a banner commercial affiliation service provided by BBC Systems Inc.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

ClickBank (Click Sales Inc.)
ClickBank is a banner commercial affiliation service provided by Click Sales Inc.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

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Contacting the User

Mailing List or Newsletter (This Application)
By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this Application. Your email address might also be added to this list as a result of signing up to this Application or after making a purchase.
Personal Data collected: city, Cookies, country, email address, first name, gender, last name, province, state, Usage data and ZIP/Postal code.

Contact form (This Application)
By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal Data collected: country, email address, first name, last name and ZIP/Postal code.

Phone contact (This Application)
Users that provided their phone number might be contacted for commercial or promotional purposes related to this Application, as well as for fulfilling support requests.
Personal Data collected: phone number.

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Content performance and features testing (A/B testing)
The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of this Application.

Optimizely (Optimizely, Inc.)
Optimizely is an A/B testing service provided by Optimizely, Inc.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

Visual Website Optimizer (Wingify)
Visual Website Optimizer is an A/B testing service provided by Wingify Inc.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

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Handling payments
Payment processing services enable this Application to process payments by credit card, bank transfer or other means. To ensure greater security, this Application shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.
Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.

Authorize.Net (Authorize.Net)
Authorize.Net is a payment service provided by Authorize.Net.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

Stripe (Stripe Inc)
Stripe is a payment service provided by Stripe Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

ChargeBee (ChargeBee Inc.)
ChargeBee is a payment service provided by ChargeBee Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

PayPal (PayPal Inc.)
PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments using their PayPal credentials.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Privacy Policy

Braintree (PayPal Inc.)
Braintree is a payment service provided by Braintree, a division of PayPal, Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Privacy Policy

Spreedly (Spreedly Inc.)
Spreedly is a payment service provided by Spreedly Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

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Hosting and backend infrastructure
This type of services has the purpose of hosting data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Amazon Web Services (Amazon)
Amazon Web Services is a hosting service provided by Amazon.com Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Privacy Policy

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Interaction with external social networks and platforms

This type of services allow interaction with social networks or other external platforms directly from the pages of this Application.
The interaction and information obtained through this Application are always subject to the User’s privacy settings for each social network.
This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.

Facebook Like button and social widgets (Facebook, Inc.)
The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

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Managing contacts and sending messages
This type of services makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

Mandrill (The Rocket Science Group, LLC.)
Mandrill is an email address management and message sending service provided by The Rocket Science Group, LLC.
Personal Data collected: email address and Usage data.
Place of processing: US – Privacy Policy

Campaign Monitor (Campaign Monitor)
Campaign Monitor is an email address management and message sending service provided by Freshview Pty Ltd.
Personal Data collected: email address.
Place of processing: US – Privacy Policy

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Registration and authentication

By registering or authenticating, Users allow this Application to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third party services, for registration or identification purposes.

Direct registration (This Application)
The User registers by filling out the registration form and providing the Personal Data directly to this Application.
Personal Data collected: email address, first name and last name.

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Remarketing and Behavioral Targeting
This type of services allows this Application and its partners to inform, optimize and serve advertising based on past use of this Application by the User.
This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.

AdRoll (Semantic Sugar, Inc.)
AdRoll is an advertising service provided by Semantic Sugar, Inc.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy – Opt Out

Twitter Remarketing (Twitter, Inc.)
Twitter Remarketing is a Remarketing and Behavioral Targeting service provided by Twitter, Inc. that connects the activity of this Application with the Twitter advertising network.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy – Opt Out

Remarketing through Google Analytics for Display Advertising (Google Inc.)
Google Analytics for Display Advertising is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects the tracking activity performed by Google Analytics and its Cookies with the Adwords advertising network and the Doubleclick Cookie.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy – Opt Out

Perfect Audience (NowSpots, Inc.)
Perfect Audience is an advertising service provided by NowSpots, Inc.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy – Opt Out

Facebook Remarketing (Facebook, Inc.)
Facebook Remarketing is a Remarketing and Behavioral Targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy – Opt Out

Facebook Custom Audience (Facebook, Inc.)
Facebook Custom Audience is a Remarketing and Behavioral Targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.
Personal Data collected: Cookies and email address.
Place of processing: US – Privacy Policy – Opt Out

AdWords Remarketing (Google Inc.)
AdWords Remarketing is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects the activity of this Application with the Adwords advertising network and the Doubleclick Cookie.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy – Opt Out

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Traffic optimization and distribution
This type of services allows this Application to distribute their content using servers located across different countries and to optimize their performance.
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between this Application and the User's browser.
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information User are transferred.

CloudFlare (Cloudflare)
CloudFlare is a traffic optimization and distribution service provided by CloudFlare Inc.
The way CloudFlare is integrated means that it filters all the traffic through this Application, i.e., communication between this Application and the User's browser, while also allowing analytical data from this Application to be collected.
Personal Data collected: Cookies and various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

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User database management
This type of services allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to this Application, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that the Owner can display and use for improving this Application.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this Application.

Infusionsoft (Infusion Software, Inc.)
Infusionsoft is a User database management service provided by Infusion Software, Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

Intercom (Intercom Inc.)
Intercom is a User database management service provided by Intercom Inc. Intercom can also be used as a medium for communications, either through email, or through messages within our product(s).
Personal Data collected: email address and various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy



Further information about Personal Data

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Selling goods and services online

The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.
The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Application depends on the payment system used.

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The Service is not directed to children under the age of 13

Users declare themselves to be adult according to their applicable legislation. Minors may use this Application only with the assistance of a parent or guardian. Under no circumstance persons under the age of 13 may use this Application.

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Push notifications
This Application may send push notifications to the User.



Additional information about Data collection and processing

Legal action
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.



Definitions and legal references

Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data
Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.

Data Subject
The legal or natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)
The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application
The hardware or software tool by which the Personal Data of the User is collected.

Cookies
Small piece of data stored in the User's device.



Legal information
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
This privacy policy relates solely to this Application.
Latest update: October 06, 2015