Policy Effective: October 1, 2024

We have developed this Privacy Policy (the “Privacy Policy” or “Policy”) to inform you how Kobbmaya, Inc. (“Company” or “We”), collects, uses, maintains, protects, and discloses information you submit, or we collect from you.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. This Policy may change from time to time (see Changes to Our Privacy Policy). In most instances, your continued use of the website that links to this Policy (“Website”) after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

This Policy applies to information we collect:

• On the Website and other websites owned or operated by the Company.
• In email, text, and other electronic messages between you and the Company.
• Through interactions with advertisements and applications on third-party platforms, including but not limited to social media.
• We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out by contacting our customer service department at 1-855-BYE-MICE (855-293-6423), or by email to: service@mousechaser.com. 
• Through offline collection practices.
• From any other sources that include links to this Policy.

Information We Collect About You and How We Collect It:

We may collect several types of information from and about you, including.

• Personal identifiers, such as name, postal address, e-mail address or telephone number.
• Consumer habits, such as purchasing history.
• Information about your internet connection, equipment used to access the Website, browser type, usage details, IP address or persistent electronic identifiers.

We may collect this information from the following sources:

• Directly from you when you provide it to us, such as:
• Information that you provide by filling in forms. This includes information provided at the time of registering for services or programs on our Website, entering a contest or promotion, subscribing to our mailing list or other services, posting material to one of our social media accounts, and/or requesting further services.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Details of transactions you carry out through our Website and of the fulfillment of payments. You may be required to provide financial information before registering for services on the Website or making any other payment through our Website. We use third parties, such as Shopify, to process payments for transactions and donations consummated through the Website. Please review Shopify privacy policy located at https://www.shopify.com/legal/privacy.
• Information collected through email, text, or other electronic messages.
• Information collected offline through our affiliates, service providers, vendors, and contractors including our employees.
• Through your online activity, such as browsing our Website, interacting with Website features such as forms, or clicking on our advertisements, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
• Information from tracking technologies, such as browser cookies, flash cookies, or web beacons.
• Details of website visits, such as traffic data, location data, logs, resources used to access the website.
• Information about the user’s computer and internet connection, such as IP address, operating system, or browser type.
• From third parties, such as service providers, vendors, contractors, advertisers, ad networks and servers, content providers, application providers or data brokers.

We may use cookies to personalize content and ads, to provide social media features and analyze site performance and traffic to enhance user experience. We also share information about your use of our site with our social media, advertising and analytics partners. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information .

 

How We Use Your Information:

We may use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it, such as to fulfill orders or receive additional information.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To display advertisements to our target audiences through our various advertising channels.
• In any other way we may describe when you provide the information or for any other purpose with your consent.

Disclosure of Your Information:

We may disclose personal information that we collect, or you provide, as described in this Privacy Policy:

• To our affiliates, employees and contractors. 
• To vendors, service providers, and other third parties we use to support our business including but not limited to Shopify.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information or with your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Choices About How We Use and Disclose Your Information:

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our products or invite you to create an account, you can opt-out by checking the relevant box located on the form on which we collect your information or at any other time by calling us at 1-855-BYE-MICE (855-293-6423). This opt out does not apply to information provided to the Company as a result of a purchase or transaction.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California Privacy Rights:

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please call us at 888-685-9610.

Other Privacy Rights:

Other jurisdictions, such as Virginia, Colorado, Utah, Nevada, and Connecticut, may provide their residents with additional privacy rights. If you are a resident of one of these jurisdictions and would like to exercise any of these rights, you may contact us as indicated below.

Data Security:

We have implemented reasonable measures designed to protect the security, confidentiality, and integrity of your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Whenever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your Web browser or looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website Changes to Our Privacy Policy:

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information:

Customer Care Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: 1-855-BYE-MICE (855-293-6423), or email:  service@mousechaser.com.

This message program is a service of Mouse Chaser™, located at

 

Kobbmaya Inc.

214 Sunset Drive

Richmond, VA 23229

 

Dispute Resolution:

 

General:

In the interest of resolving disputes between you and Mouse Chaser™ in the most expedient and cost-effective manner, you and Mouse Chaser™ agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Mouse Chaser™  or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Mouse Chaser™ or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND MOUSE CHASER™ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions:

Notwithstanding subsection ‘General’ above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Mouse Chaser™ to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Arbitrator:

Any arbitration between you and Mouse Chaser™ will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Mouse Chaser™. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process:

If you or Mouse Chaser™  intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Mouse Chaser™ address for Notice is: Kobbmaya, Inc., Two Paragon Place, 6802 Paragon Place, Suite 410, Richmond, VA 23230  Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Mouse Chaser™ will make good faith efforts to resolve the claim directly, but if you and Mouse Chaser™  do not reach an agreement to do so within 30 days after the Notice is received, you or Mouse Chaser™  may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Mouse Chaser™  must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

 

Fees:

If you commence arbitration in accordance with these Messaging Terms, Mouse Chaser™ will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Mouse Chaser™ for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Mouse Chaser™ agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Mouse Chaser™  made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions:

YOU AND MOUSE CHASER™  AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mouse Chaser™  agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

Modifications to this Arbitration Provision:

Notwithstanding anything to the contrary in these Messaging Terms, if Mouse Chaser™ makes any future change to this arbitration provision, other than a change to Mouse Chaser™  address for Notice, you may reject the change by sending us written notice within 30 days of the change to Mouse Chaser™  address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Mouse Chaser™.

Enforceability:

If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection ‘Modifications to this Arbitration Provision’ above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms are found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.