Privacy Policy (Effective as of September 15, 2013)


Ellie Kai Inc. ("Ellie Kai," "we," "us," or "our") is strongly committed to protecting the privacy of the non-public personal information of each User (as hereinafter defined) and providing a safe and secure online environment when using our Web site: and its sub-domains or such other URLs or domain(s) as Ellie Kai determines from time to time (collectively, the "Site").

The purpose of this Privacy Policy (this "Policy") is to provide an understanding of our practices regarding the information collected when the Site is accessed by a User, how we may use and/or disclose the information and how corrections and/or updates may be made to the information. Please note that accessing the Site reaffirms consent to and agreement with the terms of this Policy. If the terms of this Policy are not agreed with, please do not access the Site.


Capitalized terms not defined herein shall have the meanings ascribed to such terms in the Terms of Use.

"Agreement" means, collectively, the Terms of Use as amended by Ellie Kai from time to time, this Policy, and any information available on the Site and incorporated therein by reference.

"User's Personal Information" shall mean information about a User, including a User's name, company name, title, email address, contact information, and other related information disclosed and delivered to Ellie Kai by User via the Internet by means of the browser interface to the Site and from which User's identity is discernible.

"User(s)" means any person or entity that accesses and/or uses the Site.

Information Collection, Processing, and Use

When a User contacts Ellie Kai through the Site or establishes a User account, such User will be asked to provide User's Personal Information.

We collect transaction information a User provides when a User requests information or purchases a product from us, including the User's payment information.

When the Site is accessed we may also collect technical information about such accessing computer hardware and software such as the IP address, browser type, domain names, referring Web site addresses, pages visited on the Site, and time spent on the Site. Ellie Kai may use this information to analyze traffic to the Site. Profiles for individual Users are not created, but rather only the data is collected in the aggregate.

We may use the information we gather on the Site, including contact information to inform Users via e-mail or other communications regarding the following: additional and/or new products available from us or our affiliated companies, updates at the Site, or requests for opinions on current products and/or services or potential new products and/or services that may be offered. If a User no longer wishes to receive such information from us, such User can opt-out by sending an e-mail requesting such to with the subject E-Mail Remove. Notwithstanding anything contained in this Policy or the Agreement to the contrary, Ellie Kai may use, as its deems appropriate, statistical data generated through the use of User's Personal Information provided that neither such use nor such statistical data shall result in the disclosure of any User's Personal Information that will directly or indirectly identify any User.

Information Sharing and Disclosure

Ellie Kai will not share, sell, or rent e-mail addresses, first or last names or other User's Personal Information provided on the Site with anyone, except as stated below:

We may disclose User's Personal Information as legally required in order for us to respond to subpoenas, court orders, warrants, or other legal process. We may disclose User's Personal Information with such User's consent.

We may partner with third parties to obtain specific services or employ companies or individuals to perform functions on our behalf. Examples include hosting our Web servers, analyzing data, providing marketing assistance and providing customer service. These third parties, companies, and individuals may have access to a User's Personal Information as necessary to perform their functions, but they may not share the information with any other third party.

Should Ellie Kai transfer User's Personal Information to a third party that is acting as an agent, Ellie Kai shall make certain that the third party will protect the confidentiality of such information by using the same degree of care, but no less than a reasonable degree of care, to prevent unauthorized disclosure or publication of such information as such third party uses to protect its own confidential information.

The information we gather on the Site may be shared with our affiliated companies in order to deliver the products and services we offer or in order to undertake analysis of our database such as aggregate profiling of our Users.

In the event that we are, or substantially all of our assets are, acquired (whether by merger, consolidation, or purchase), User information, including User's Personal Information will be transferred. In addition, if we become the subject of a bankruptcy proceeding (whether voluntary or involuntary), we or our trustee in bankruptcy may sell, license, or otherwise dispose of such information in a transaction approved by the bankruptcy court. In such circumstances, Users will be notified via e-mail or through a prominent notice posted on the Site.

Management of Personal Information

Subject to certain exceptions, upon receipt of written request from a User and provided such User provides us sufficient information to confirm such User's identity, we will provide the User's Personal Information that we have collected about such User for the purposes of enabling such User to correct, amend, or delete any inaccuracies. Users may make this request to us via e-mail at or visit the "Contact Us" page of the Site. If we are unable to provide the requested information within thirty (30) days after receipt of written request for same, we will provide a timeline for providing the requested information.

Security of Personal Information

Ellie Kai maintains security procedures and internal controls to protect the confidentiality of User's Personal Information in accordance with commercially reasonably prudent practices in the application service provider industry.

Ellie Kai has implemented commercially reasonable security measures to protect User's Personal Information from unauthorized access, disclosure, use, alteration, unlawful destruction, or accidental loss. We do not, however, guarantee that unauthorized third parties will never be able to defeat these measures or use such information for improper purposes.

Ellie Kai shall not disclose or use User's Personal Information for any purposes other than to carry out the purposes for which User disclosed the information to Ellie Kai, or as permitted by the Agreement. In addition, Ellie Kai will take reasonable measures to protect the integrity, delivery, and security of any transmissions it initiates containing User's Personal Information; however, Ellie Kai assumes no liability for such information once transported onto a non-Ellie Kai managed communication network, including, but not limited to, the Internet.

Children's Privacy

We are committed to complying with the Children's Online Privacy Protection Act (COPPA). The Site and our services are not directed to children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If a user identifies themself as a child under the age of 13, we will not collect, store or use any personal information. If we receive personal information that we discover was provided by a child under the age of 13, we will promptly destroy such information. Schools and parents should supervise their children's online activities and consider the use of other means to provide a child-friendly, online environment. Additional information is available on the Direct Marketing Association's home page atÊ If you would like to learn more about COPPA, visit the Federal Trade Commission home page atÊ

Transfer of Information to Third Parties and/or Across National Borders

Ellie Kai may from time to time transfer information collected through the Site to third parties who analyze such information on behalf of Ellie Kai or in connection with a sale or transfer of all or a part of our business. Some of these companies and some of Ellie Kai' affiliates may reside in jurisdictions (for example, states, provinces or countries) other than your own. As a result, your personal information may be transferred out of the jurisdiction in which you reside. Please note that Ellie Kai is headquartered in Massachusetts in the United States of America and that, to the extent you submit any information from outside that jurisdiction, by submitting such information you agree to it being transferred to that jurisdiction. In giving this consent, you acknowledge your understanding that the laws on holding, processing, using and transferring personal information in our jurisdiction and other jurisdictions where your data may be stored or processed may vary and be less protective of your privacy than the laws of your jurisdiction.

Your California Privacy Rights

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information for the third parties' direct marketing purposes within the previous calendar year, along with the type of personal information disclosed. If you are a California resident and would like to make such a request, please submit your request in writing to the Ellie Kai Privacy Office at 5 Parker Road, Osterville, Massachusetts 02655, USA, orÊÊ Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.

IP Addresses; Information Collection and Use Practices

Ellie Kai receives an IP address each time a Web page from the Site is viewed. An IP address, however, is not linked to an e-mail address, password or User.

IP addresses may be used for various purposes, including to diagnose reported service or technical problems associated with IP addresses, or to estimate the total number of users visiting the Site from specific locals, countries, or regions of the world.

Log Files

When a Web page on the Site is requested, that request (including the date and time) is logged on our servers with information, including the IP address of the computer that requested the page.

We use log files for debugging and troubleshooting purposes. IP addresses and access times are not linked to e-mail addresses, passwords or Users.


Certain services requested from Ellie Kai may result in our attempt to set cookies on the requesting computer and later access those cookies to help personalize and maximize the online experience and time online.

A "cookie" is a small amount of data that often includes a unique identifier that is sent to a browser requesting to view a Web page from a Web site's computers and then stored on the requesting computer's hard drive. Cookies are only used as an option selected by the user that allows us only to recall an e-mail address from the cookie that we sent to the computer. The only personal information about a User that is associated with the cookie is the User's e-mail address.

The purpose of a cookie is to tell the Web server that a visitor has returned to a specific page. For example, when a User accesses the Site, a cookie helps us to recall specific information (such as browser preferences).

Normally, preferences in a Web browser can be set to accept all cookies, reject all cookies, or notify the user when a cookie is set and permit the user to accept or decline cookies on an individual basis. If all cookies are rejected, it may hinder performance and negatively impact the experience on the Site.

Links; Other Companies' Cookies on the Site

The Site may contain links to other Web sites. We have no access to or control over cookies used by our business partners or other Web sites to which we link, if any.

In the event that a banner ad is provided by a third-party, it is possible that the third-party advertiser may attempt to store a cookie on the accessing computer's hard drive.

Advertisers' and other Web sites' use of cookies is subject to their own privacy policies, not the Ellie Kai Privacy Policy. Ellie Kai is not responsible for the privacy practices of such other Web sites. We encourage you to check the privacy policies of those Web sites before disclosing any non-public personal information. This Policy applies solely to information collected by the Site.

Access upon Termination

Upon the termination of the Agreement, a User will no longer have the right to access or use the Site, however, any User's Personal Information shall continue to be treated confidentially by Ellie Kai pursuant to the terms of the Agreement.

Changes to this Privacy Policy; Notification of Changes

Ellie Kai may amend this Policy from time to time without prior notice. If we decide to change this Policy, we will post the changes to this Policy, and other places we deem appropriate so our Users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Any such amendments, changes, deletions, modifications, revisions or updates will be effective immediately upon publication on the Site.

If, however, we are going to use User's Personal Information in a manner different from that stated at the time of collection, we will notify Users by posting a notice on the Site for thirty (30) days.

Continued access to and use of the Site after any such amendments, changes, deletions, modifications, revisions or updates will constitute such User's acknowledgement and agreement to be bound by such amendments, changes, deletions, modifications, revisions or updates. Because of the possibility that this Policy could change between visits to the Site, we recommend that checking this Policy each time the Site is visited.

We will use information collected through the Site only in accordance with the current Policy in effect.

Questions or Suggestions/Privacy Policy Complaints

For reporting suspected problems or violations of this Policy, or for questions, suggestions, or concerns about this Policy, please feel free to e-mail us at We may also be contacted at the following mailing address: 5 Parker Road, Osterville, Massachusetts 02655, USA.

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