TERMS OF USE

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

These Terms of Use (“Terms”) govern your use of the Makeena, Inc., and its affiliates and subsidiaries (collectively, “Makeena”) service available through our websites located at https://makeena.com and https://commonkindness.com (the “Website”), and software applications, including the application entitled “Makeena” and “CommonKindness” (each, an “App” and collectively, “Apps”) that, in part, enables users to search for, locate, and compare healthy and sustainable products and brands, as well as create shopping lists, compare nutritional information, earn loyalty rewards, and receive special cash back incentives, rebates, and coupons from brands (collectively, the functionality provided by the Website and App referred to as the “Service”). By browsing our Website, downloading and installing the App, or registering for or using the Service, you acknowledge that you have read and understand these Terms and agree to be bound by them. If not, do not download the Apps or use the Website or Service.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THE WEBSITE OR SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR DOWNLOADING THE APP, YOU REPRESENT (1) THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MAKEENA, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, APP, OR SERVICES.

1. REGISTRATION

1. Member Accounts. To use certain features of the Service, you must register and create an account (“Account”). To be eligibleto create an Account, you must be at least 16 years old. When you set up your account, you will be required to create log-in credentials by providing certain types of personal information (“Login Credentials”). For more information on the types of personal information we will collect in order to create your Login Credentials, please review our Privacy Policy. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You are allowed to create only one Account per mobile device and only one Account per individual. You agree not to allow a third party to use your Login Credentials at any time. We reserve the right to terminate any username and password, or not pay out any loyalty rewards, special cash back incentives, rebates, or coupons, which we reasonably determine may have been used by an unauthorized third party or accumulated in violation of these Terms.
2. Social Networking Accounts. You may also link your Account with certain third party social networking services, including Facebook, Twitter, LinkedIn, Instagram, and/or Google+ (a “SNS Account”) by either (i) providing your SNS Account login information to us; or (ii) allowing us to access your SNS Account, if permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to us and/or grant us access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL NETWORKING SERVICE PROVIDERS.

2. HOW COUPONS, CASH BACK INCENTIVES, LOYALTY REWARDS, AND/OR REBATES ON THE SERVICES WORK

1. Generally. Certain brands, merchants, and retailers (collectively, “Brands”) may offer users, via the Services, certain discounts, coupons, cash back incentives, loyalty rewards, and/or rebates (“Rebates”) related to their products (those products subject to a Rebate, “Qualifying Products”). After purchasing Qualifying Products from the supermarket, retailer (including online retailers), or natural foods store, users may redeem their Rebates by scanning the product’s Universal Product Code (“UPC”) and then taking and uploading a photo of their receipt to the Service. After confirmation by the Service of the purchase of Qualifying Products, the Service will remit the applicable Rebate to the user’s Payment Account (as defined in Section 2(b) below) within a reasonable amount of time.
2. Payment Accounts. In order to receive a Rebate using the Service, you will need to create an account (“Payment Account”) with third party payment providers identified on the Service (“Payment Provider”). Your Payment Provider agreement governs your use of your Payment Account and you must refer to that agreement and not the Terms to determine your rights and liabilities. All Rebates for the purchase of Qualifying Products will be deposited in your Payment Account by your Payment Provider. If your Payment Account does not match your Account, Makeena has the right to not pay out Rebates.
3. Rebate Terms. In addition to the terms and conditions of these Terms, any Rebates offered through the App, Website, Brand, or Payment Provider may be governed by specific terms and conditions that are separate from this Agreement. Rebates may be subject to limitations, including, without limitation, geographic limitations, or number of Rebates offered by Brands. We urge you to review any specific terms and conditions applicable to a particular Rebate. To the extent that the terms and conditions of such Rebates conflict with these Terms, the terms and conditions of the applicable Rebate will control.

In order to receive a Rebate, users must scan the UPC and upload a photo of their receipt for the purchase of Qualifying Products to the Service no later than the claim by date, or as set forth in the applicable Rebate or on the App. All Rebates are also subject to the terms and conditions set forth in the Rebate offer or promotion. All Rebate claims are subject to Makeena’s final, sole, and absolute review and approval. If a Rebate submission is incomplete or fails to meet any of the terms and conditions applicable to such Rebate, no Rebate will be issued. Applicable tax, if any, is the sole responsibility of the user.

You understand and agree that the Service uses a series of algorithms and optical recognition technologies to convert the photographed images of your receipts into digital text. This automated process is often prone to errors, and as such, you understand that you are solely responsible for confirming that your purchase of all Qualifying Products is accurately reflected on the Services. You further understand and agree, any alteration, blurring, burning, charring, darkening, destruction, obscuring, obfuscation, ripping, smearing, tearing, or other damage to your receipts may impact your ability to upload evidence of your purchase of Qualifying Products to the Service. Makeena assumes no liability for the accuracy or completeness of any receipt or other information you upload to the Services, or any inaccuracies or failures of the Services to translate photographs of your receipts into digital text.

3. LICENSES AND RESTRICTIONS

1. License. Subject to the terms and conditions herein, Makeena grants you a personal, revocable, limited, non-transferable license to use the App on either (i) any iPhone, iPad, or iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App Store’s “Usage Rules”) (the “Usage Rules”).
2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise criminally or commercially exploit the Website, Apps, or Services (collectively, the “Makeena Properties”) or any portion of the Makeena Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Makeena Properties (including images, text, page layout, or form) of Makeena; (c) you shall not use any metatags or other “hidden text” using Makeena’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Makeena Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Makeena Properties in order to build a similar or competitive website, application, or service; (g) except as expressly stated herein, no part of the Makeena Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Makeena Properties. Any unauthorized use of the Makeena Properties terminates the licenses granted by the Makeena pursuant to the Terms.
3. Updates. All updates and upgrades to the App will be governed by the version of these Terms published by Makeena as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, and/or enhancements of the App or for the Service. Any rights not expressly granted herein are reserved.

4. USER CONTENT

1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Makeena Properties (e.g., photos of receipts you upload to receive Rebates, answering a poll or survey, checking inventory in a store, etc.). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Makeena is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
2. License. Makeena does not claim ownership of your User Content. However, when you post, publish, submit, or upload your User Content to the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, license, reproduce, publicly display, publicly perform, distribute, digitally transmit, and create derivative work from your User Content. You hereby grant, and you represent and warrant that you have the right to grant, to Makeena an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purposes of operating, and providing the Website, App, and Services to you and other users. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3. Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account in accordance with Section 18, and/or reporting you to law enforcement authorities.
4. Feedback. If you provide Makeena any feedback or suggestions regarding the App or Services (“Feedback”), you hereby assign to Makeena all rights in the Feedback and agree that Makeena shall have the right to use such Feedback and related information in any manner it deems appropriate. Makeena will treat any Feedback you provide to Makeena as non-confidential and non-proprietary. You agree that you will not submit to Makeena any information or ideas that you consider to be confidential or proprietary.

5. INTERACTIONS WITH OTHER USERS

1. User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Makeena reserves the right, but has no obligation, to intercede in such disputes. You agree that Makeena will not be responsible for any liability incurred as the result of such interactions.
2. Content Provided by Other Users. The Makeena Properties may contain User Content provided by other users. Makeena is not responsible for and does not control User Content. Makeena has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.

6. OWNERSHIP RIGHTS AND LICENSE. As between you and Makeena, the Makeena Properties, including any design, layout, logo, text, code, and graphics contained within the App and Website (the “Makeena Content”) is, and shall remain the sole property of Makeena and is subject to protection under U.S. and foreign copyright laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Makeena.

7. BRAND INFORMATION. The Service solely acts as a portal to allow Brands to pass their promotions and Rebates, as well as other information about their products and services, including, but not limited to, ingredient and nutritional information, onto users. All statements, recommendations, opinions, offers, and other information presented or disseminated to users related to Brands and/or their products and services via the Services, are made by the Brands who are solely responsible and liable for their content, and are not reviewed, approved, or endorsed by Makeena. Makeena does not endorse or promote any Brand or their products or services, and Makeena makes no representation relating to and does not offer any opinion, recommendation, or advice regarding any Brand, their products or services, any posted ingredient or nutritional information or any product claims. As such you agree that, as between Makeena and the Brands, the Brands are solely for their products and services, including all representations, warranties, guarantees, promises, statements, and claims. Makeena has no obligation to review, check, or investigate any statement or claim made by any Brand.

8. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MAKEENA PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAKENA PROPERTIES, AND ANY MAKEENA CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MAKEENA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MAKEENA PROPERTIES, AND ANY MAKEENA CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAKEENA DOES NOT WARRANT THAT THE MAKEENA PROPERTIES, AND ANY MAKEENA CONTENT OR USER CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MAKEENA PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MAKEENA PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE UNAVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAKEENA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MAKEENA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MAKEENA PROPERTIES, ANY MAKEENA CONTENT OR ANY INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MAKEENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAKEENA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY MAKEENA TO YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGES, OR (B) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. RELEASE. If you have any dispute with one or more Brands, you hereby release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from all claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF UNKNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. ARBITRATION; APPLICABLE LAW

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

1. Except for a civil or criminal claim made by Makeena against you, any and all disputes between you and Makeena arising under or related in any way to these Terms must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App.
2. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MAKEENA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND MAKEENA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
3. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Makeena must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Denver, Colorado. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Colorado. Claims of infringement or misappropriation of Makeena’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Denver, Colorado.
4. The laws of the State of Colorado, excluding its conflicts of law rules that would result in the laws of a State other than Colorado, govern this license and your use of the Service.

12. APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions apply to you if you are using an App from an App Store or Google Play. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store or Google Play.

1. Acknowledgement. Makeena and you acknowledge that this Agreement is concluded between Makeena and you only, and not with the App Store or Google Play, and Makeena, not the App Store or Google Play, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store or Google Play term applies, as applicable.
2. Scope of License. The license granted to you for App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.
3. Maintenance and Support. Makeena is solely responsible for providing any maintenance and support services with respect to App, as specified in these Terms (if any), or as required under applicable law. Makeena and you acknowledge that the App Store and Google Play have no obligation whatsoever to furnish any maintenance and support services with respect to App.
4. Warranty. Makeena is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store or Google Play, and the App Store or Google Play may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, the App Store or Google Play will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Makeena’s sole responsibility.
5. Product Claims. Makeena and you acknowledge that the App Store and Google Play are not responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Makeena’s liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights. Makeena and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Makeena, not the App Store or Google Play, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address. Makeena’s contact information for any end-user questions, complaints, or claims with respect to App is set forth below.
9. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App.
10. Third Party Beneficiary. You agree that the App Store and Google Play (and their subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce these Terms.

13. MAKEENA NAME AND ADDRESS. Makeena’s contact information for any end-user questions, complaints, or claims with respect to Makeena Properties is support@makeena.com.

14. INDEMNIFICATION. You agree to indemnify, defend, release, and hold harmless Makeena, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses, and expenses arising directly or indirectly from (a) any negligent acts, omissions, or willful misconduct by you, (b) your use of the Makeena Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.

15. EQUITABLE REMEDIES. You hereby agree that if the terms of these Terms are not specifically enforced, Makeena will be irreparably damaged, and therefore you agree that Makeena shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies.

16. DIGITAL MILLENNIUM COPYRIGHT ACT. Makeena is committed to respecting and protecting the legal rights of copyright owners. As such, Makeena adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. §512 et seq.). If you believe infringements upon your intellectual property rights are taking place on or through the Service, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Makeena’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Makeena’s Copyright Agent to receive DMCA Takedown Notices is: email: info@makeena.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases, or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Makeena to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

17. CHANGE TO THESE TERMS. PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY MAKEENA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Makeena will make a new copy of the Terms of Use available at the Website and within the App. We will also update the “Last Updated” date at the bottom of these Terms. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Makeena Properties and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or App or thirty (30) days after dispatch of an e-mail notice of such changes to users who have registered for an Account. Makeena may require you to provide consent to the updated Terms in a specified manner before further use of the Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Makeena Properties. Otherwise, your continued use of the Makeena Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE THEN-CURRENT TERMS.

18. TERMINATION. Makeena may cancel, suspend, or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end once your registration is terminated, and any data, including Rebates, you have stored on the Service, including any User Content may be unavailable later, unless Makeena is required to retain it by law. You may terminate your registration at any time. Makeena is not responsible or liable for any records, Rebates, or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT MAKEENA WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations on liability that favor Makeena will survive the expiration or termination of these Terms for any reason.

19. CONSUMER COMPLAINTS. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

20. MISCELLANEOUS. Makeena’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Last Updated: November 21, 2019

PRIVACY POLICY

Effective Date: December 28, 2019

Makeena, Inc., and its affiliates and subsidiaries (collectively, “Makeena,” “us,” “our,” or “we”) are committed to protecting your privacy, and, as such, provides this Privacy Policy to let you know our policies and procedures regarding the collection, use, and disclosure of information through www.makeena.com and www.commonkindness.com (“Site”), and through our Android and iOS mobile applications entitled “Makeena” (“Application”), which enable you to search for, locate, and compare natural products brands (more specifically, brands that identify themselves as being healthy, eco-friendly, sustainable, organic, premium, non-gmo, good for you, good for your family, good for the planet, kosher, gluten-free, allergen-free, etc.), as well as create shopping lists, discover nutritional information, build loyalty rewards, share Makeena services with others, answer questions, provide testimonials, watch videos, and receive special cash back offers, incentives, and coupons from brands, merchants, and retailers, and any other websites, features, applications, widgets, or online services that are owned or controlled by Makeena and that post a link to this Privacy Policy, as well as any information Makeena collects offline in connection with the Services (see below for the definition of Services). It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. The Site and the Application are collectively referred to as the “Services.” Note that “you” and “your” refers to any user (non-registered user) or Registered User (see User Profiles section below for the definition of Registered User) (collectively, non-registered users and Registered Users are “Users”). We may combine the information we collect from you from the Site, through your use of the Application, and/or through the Services generally, or offline.

By accessing or using the Site, the Application, or using any portion of the Services, you consent to the information collection, disclosure, and use practices described in this Privacy Policy. Please note that certain features or services referenced in this Privacy Policy may not be offered through the Services at all times. Please also review our Makeena User Terms of Use (“Terms of Use”), which governs your use of the Site, the Application, and the Services, which is accessible on www.makeena.com, www.commonkindness.com, and through our Application.

1. INFORMATION COLLECTION

Information You Provide to Us – Registration

When you subscribe to the Application or register on the Site to use our Services, you create an account (“Account”).When, and if you register by creating a Profile (defined in User Profiles section below), we collect certain Personal Information from you, including, but not limited to, your name, email address, phone number, zip code, and all Personal Information or other information you provide in the registration form or through additional questions we ask or surveys you participate in through your use of the Services. We generally collect information from you so that we can help you find products, brands, merchants, and retailers that interest you, facilitate your use of the Services, and to otherwise provide or improve the Services. We will not use your Personal Information for any purpose incompatible with this Policy unless we provide you notice and an opportunity to opt-out (or opt-in, to the extent required by applicable law).

• Personal Information: In the course of using the Services, including registering for an Account, we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”).Examples of Personal Information include, but are not limited to, your name, email address, postal address, and phone number.In limited circumstances, we may be legally required to collect social security numbers for reporting obligations.
• Identity Verification: We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
• General Audience Services: The Services are for general audience and are primarily intended for users 16 and older. We do not knowingly collect Personal Information from anyone younger than age 16. If we become aware that a child younger than 16 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 16 and believe that Makeena has collected Personal Information from your child, please contact us at privacy@makeena.com.
• Non-Identifying Information/Usernames: We may also collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from Makeena Registered Users and non-registered users alike. We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by Users.

In some cases, we may render Personal Information (generally, email addresses) into a form of Non-Identifying Information referred to in this Privacy Policy as “Hashed Information.” This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests.

• Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but Makeena will treat the combined information as Personal Information.
• Collection of the Third Party Personal Information: In certain instances, including but not limited to affiliate and code referral programs, we may collect the following personal information from you about your colleagues or contacts: first name, last name, and email address when you provide it to us for the purpose of adding your colleagues to certain chat rooms or other community portions of the Site.

Information Received from Third Parties

We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records or third parties may provide information in connection with a co-marketing agreement or at your request (such as if you choose to sign in with a third-party service). If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy.

Information Collected from Users Automatically

We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.

The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.

The technology used to collect information automatically from Makeena Users may include the following:

• Cookies: Like many websites, we and our marketing partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the Makeena Terms of Use) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how Users interact with the Service and to monitor aggregate usage by Users and web traffic routing on the Service). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Service.

We use Local Storage, such as HTML5and other similar markup language, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 and other similar markup language to collect and store information. Various browsers may offer their own management tools for removing HTML5 and other similar markup language.

For further information on cookies and how they are used for the Service, please read our Cookie Policy located on our Site.

• Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
• Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.

In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Makeena does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

User Profiles

In order to use the Services, you must create a profile, which consists of information about you, and may include Personal Information, photographs, opinions, ideas, preferences of the types of products you like to purchase, past purchases, etc. (“Profile”). If you create Profile, you are a “Registered User.” The information in your Profile may be visible to all or a subset of Users of the Service and the general public subject to the privacy choices you make within your Profile. You may edit certain information in your Profile via your account and may choose to limit who is able to view certain content you post to your Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at privacy@makeena.com.

Community Forums

The Service may provide you the opportunity to participate and post content publicly in forums, on blogs, through interactive features Makeena and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “User Forum Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your User Forum Content. Please note that your use of Community Forums is subject to our Terms of Service.

Note that anything you post to a Community Forum is public – others will have access to your User Forum Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in your User Forum Content or use Community Forums to link to your Profile, that information will be considered public information and the protections of this Privacy Policy will not apply.

To request removal of your personal information from our blog or community forum, contact us at privacy@makeena.com.In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Testimonials

We display personal testimonials of satisfied customers on our Site and in the Application, in addition to other endorsements. With your consent we may post your testimonial along with your name and/or username.If you wish to update or delete your testimonial, you can contact us at privacy@makeena.com.

Feedback

We collect feedback from Users about their experience with other Users of our Services. Please note that any feedback you provide via the Services or feedback provided about you is publicly viewable via the Services. On very rare occasions, we may remove feedback pursuant to the relevant provisions of our Terms of Use.

Social Networking Services

You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, LinkedIn, Twitter, and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender, and other information you make publicly available via the SNS) to create your Account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information SNS has about you is obtained by the SNS independent of our Service, and Makeena is not responsible for it.

The Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.

You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Makeena to pay any fees or making Makeena subject to any usage limitations imposed by such SNS. You can disable the link between your Makeena account and your SNS account at any time. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your Makeena Account and your SNS account will terminate as well.

2. USE AND RETENTION OF INFORMATION

WE USE INFORMATION WE COLLECT:

• To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes;
• If you use our Application Services on your mobile device, including through our Application(s), we may collect your phone number and the unique Device Identifiers;
• To contact you with administrative communications and newsletters, marketing or promotional materials (on behalf of Makeena or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Choices and Opting Out section, below;
• To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online;
• To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent;
• To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Makeena or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Users;
• To aggregate and analyze data from Users to provide market research for our business partners and third parties;
• If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either reinstall the Application(s) or deactivate GPS on your mobile device. If you deactivate your location-aware services certain functions of the Application will not be available to you (e.g., rebates, etc.);
• For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy; and
• Some Personal Information may be shared with third parties, as described below.

UNLESS YOU REQUEST THAT WE DELETE CERTAIN INFORMATION (SEE CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT BELOW), WE RETAIN THE INFORMATION WE COLLECT FOR AT LEAST FIVE (5) YEARS AND MAY RETAIN THE INFORMATION FOR AS LONG AS NEEDED FOR OUR BUSINESS AND LEGAL PURPOSES.

3. INFORMATION SHARING AND DISCLOSURE

We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to third parties. In addition, we share your Personal Information, as well as Site and Application engagements, with our brand, merchant, retail, and other partners, for the purpose of marketing our Services and for the purpose of marketing our partners’ products and services. When you consent to the receipt of promotional sms or text messages, we may provide your phone number with trusted partners who may advertise services that are relevant to you as described in further detail below.

We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Policy, or in the following circumstances:

• Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform services related to the Application or the Site. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
• What Happens If You Agree to Receive Information From Third Parties or Request That We Share Your Information: You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an SNS or similar interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances.
• Legal and Investigative Purposes: Makeena will share information with government agencies as required by law or applicable regulation. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Makeena or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical, or legally actionable activity. We may also use emails, Device Identifiers, or a combination of various data elements to identify Users, and may do so in cooperation with third parties at our discretion.
• Internal and Business Transfers: Makeena may share information, including Personal Information, with its subsidiaries, and affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

4. THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS, AND SIMILAR THIRD PARTIES

Makeena works with (or may in the future work with) network advertisers, ad agencies, analytics service providers, and other vendors to provide us with information regarding traffic on the Service (or various aspects of the Application), including pages viewed and the actions taken when visiting the Service and Application; to serve our advertisements on other web sites, within the mobile Application and elsewhere online; and to provide us with information regarding the use of the Service and Application and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service and Application as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements, or for data aggregation or analysis. Some of these parties may collect Personal Information when you visit the Service, Application, or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us or other third parties.

While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. You may also opt-out by emailing us at privacy@makeena.com. Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.

5. YOUR CHOICES AND OPTING OUT

Registered Users may update their choices regarding the types of communications you receive from us through your Account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails or through our Application. Please note that we reserve the right to send you certain communications relating to your Account or use of the Service (for example, administrative and service announcements) via email, in-App messaging, and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered Users who access the Service by using the Application may, with permission, receive push notifications. Similarly, Registered Users who access the Service by using certain desktop browsers may, with permission, receive push notifications or emails. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.

6. CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online or mobile account. If you request to access all Personal Information you’ve submitted, we will respond to your request to access within thirty (30) days. If you completely delete all such information, then your Account may become deactivated. If your Account is deactivated or you ask to close your Account, you will no longer be able to use the Service. If you would like us to deactivate your Account in our system, you can do so through the Service or you can email us at privacy@makeena.comand we will deactivate your Account. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your Account, including information you posted to the Service or that Users posted to the communal portions of the Service or in certain aspects of the Application. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed Account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you or other Users posted publicly through or on the Service or the Application. Bear in mind that neither you nor Makeena can delete all copies of information that has been previously shared with others on the Service or which has been posted by others on the Service.

7. SECURITY

Makeena takes commercially reasonable steps to help protect and secure the information it collects and stores about Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). We encrypt the transmission of certain sensitive information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, Makeena cannot ensure and does not warrant the security of any information you transmit to us.

8. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

Makeena is a United States company. If you are located outside the United States and choose to provide information to us, Makeena transfers Personal Information to the United States for processing. The United States may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the United States, we will protect it as described in this Privacy Policy. By visiting the Service or using the Software Module(s), or providing Makeena with any information (including but not limited to Personal Information), you fully understand and unambiguously consent to this transfer, processing, access to, and storage of your information in the United States.

9. LINKS TO OTHER SITES AND SOCIAL MEDIA ACCOUNTS

Our Service contains links to other, third party websites and social media accounts. If you choose to click on a third party link, you will be directed to that third party’s website or social media account. The fact that we link to a website or social media account is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or social media accounts and have no responsibility for their practices. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. We encourage you to read and understand the privacy policies or statements of the other websites or social media accounts you visit.

10. PUBLIC PROFILE

The profile you create on our Site or through our Application will be publicly accessible unless otherwise indicated.

11. PHISHING

Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Makeena. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be Makeena please report it at privacy@makeena.com.

12. CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

This section applies to California residents (as defined under California law). The California Consumer Privacy Act of 2018 (Cal. Civ. Code § 1798.100 to 1798.199), as amended (CCPA), requires that we describe how we collect, process, and share your personal information. This section is designed to help you understand the categories of personal information that we collect, the sources of the information, with whom we share the information, and the rights available to you.

Categories of Personal Information We Collect and How We Use and Disclose that Information

During the past twelve (12) months, we have collected, used, and shared the following categories of personal information:

California Consumer Rights

If you are a resident of California, you have the following rights under the CCPA:

• Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business and commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. If so, we will notify you in our response then an exception applies and identify that exception.
• To exercise the Right to Know or Right to Delete, please submit a verifiable consumer request to us by emailing privacy@makeena.comby using the Contact Us features on the Site and Application, or by mailing us your request at the address set out below. To verify your identity we may ask you for additional information, which may include asking you to confirm other personal information you have provided to us. We reserve the right to deny any requests for which identity cannot be verified. If you have authorized another person to make a request on your behalf, that person must provide to us your written authorization allowing them to make such a request on your behalf. We reserve the right to deny any request by an authorized agent if we are not reasonably able to confirm proper authorization.
• Right to Opt Out of Sale of Your Personal Information. If a business sells consumer personal information, the CCPA grants consumers a right to tell a business not to sell (i.e., opt out of the sale of) their personal information. As described above in Section 3, we share your information with third parties so they can contact you with information or marketing offers, but only when you direct us to do so. For clarity, we do not collect personal information from any person under the age of 16 years.
• We will not discriminate against you for exercising any of your rights under California law. Unless permitted by California law, we will not:
  • Deny you goods or services;
  • Charge you a different price or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California Shine the Light

Pursuant to California Civil Code Section 1798.83, California residents who provide us with Personal Information in using the Services are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as Makeena does, by disclosing in its privacy policy that it provides consumer’s choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Makeena provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Makeena offers that choice, Makeena does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: privacy@makeena.com or write to us at the following mailing address:

Makeena
1023 Walnut Street, Suite 100
Boulder, Colorado 80302
888.881.7476

You must put the statement “California Shine the Light” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

13. NOTICE TO EUROPEAN RESIDENTS – EU SPECIFIC TERMS

To comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users, this Privacy Statement outlines the legal basis on which we process your personal information and provides other information required by the GDPR. The terms and conditions contained in this section – Notice to European Residents – EU Specific Terms – applies only to the personal information of European Union residents we may process.

Legal Basis for Processing Your Information

We will only process your information where we have a legal basis to do so. The legal basis will depend on the reason(s) we collected and need to use your personal information. The different legal bases we rely on are:

• Consent:  Where you have told us you are happy for us to process your personal information for a specific purpose, such as when you request that we contact you with information about our products and services.
• Legitimate interests:  Where the processing is necessary for us to conduct our business, but not where your interests are overridden by your rights or interests. This may include processing to inform you of changes to our services, or to provide you with information about other services we offer.
• Contractual necessity:  Where the processing is necessary based on your purchase of a product or service from our Site.
• Legal claims:  Where the processing of your personal information is necessary for the establishment, exercise, or defense of legal claims.
• Legal obligation:  Where we are required to process your personal information by law.

Your Rights

You have the right under certain circumstances:

• To be provided with a copy of your personal information held by us;
• To request the rectification or erasure of your personal information held by us;
• To request that we restrict the processing of your personal information (while we verify or investigate your concerns with this information, for example);
• To object to the further processing of your personal information, including the right to object to marketing; and
• To request that your provided personal information be moved to a third party.

Your right to withdraw consent

Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us as set forth in the Contact Us section below. Such withdrawal will not affect the processing of your personal information prior to the withdrawal.

How to exercise your rights

You can also exercise the rights listed above at any time by contacting us at privacy@makeena.com. The exercise of the above rights might be subject to certain conditions and we might require further information from you before we can respond to your request.

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.

14. CHANGES TO THIS POLICY

Makeena may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy. Our previous Privacy Policy was revised July 21, 2017.

15. CONTACTING US

If you have any questions about this Privacy Policy, please contact us at privacy@makeena.com or by mail addressed to:

Makeena
1023 Walnut Street, Suite 100
Boulder, Colorado 80302