PRIVACY POLICY

Effective Date: January 19, 2016

Welcome to the website available on and through the domain name MACABIDO (“Website”) and thank you for reviewing this Privacy Policy. As part of the normal operation of the Website, Enerbrands Inc. and/or its related or affiliated companies (“Provider”, “We,” “Our,” or “Us”) collects and, in some cases, may disclose information about you. We have created this Privacy Policy to let you know what information We collect when you visit the Website and how it may be used and disclosed.

This Privacy Policy is governed by Our Terms and Conditions of Use. By using Our Website and the services therein, you consent to the terms of Our current Privacy Policy and Terms and Conditions of Use. We reserve the right to change the Privacy Policy at any time. For more information, please refer to the paragraph entitled “Changes to this Privacy Policy” detailed below. If you believe We have not adhered to this Privacy Policy or if you have any other questions regarding this Privacy Policy, please contact Us at privacy@macabido.com.

SCOPE OF PRIVACY POLICY

This Privacy Policy applies to all information that you provide to Us and that we maintain electronically, whether you provide the information through Our Website, or through other means. Additionally, this Privacy Policy applies to any Personal Information (defined below) obtained from your use of the Website or through other means.

This Privacy Policy does not apply to any information that you may provide to third parties; for example, other websites linked to this Website. If you access Our Website from a third party Social Networking Site (“SNS”), you may be required to also read and accept the Terms and Conditions and privacy policy of that SNS. We are not responsible for the privacy practices of those websites, and you should contact such third parties directly to determine their respective privacy policies.

SPECIAL NOTE ABOUT CHILDREN

This Website is targeted for use by adults only. We do not currently market to or create special areas for use by children. Accordingly, We do not knowingly collect age identifying information, nor do We knowingly collect any Personal Information from children under the age of 13 years. However, We hereby advise all visitors to Our Website under the age of 13 not to disclose or provide any Personal Information on Our Website. In the event that We discover that a child under the age of 13 has provided Personal Information to Us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at www.ftc.gov/privacy/privacyinitiatives/childrens.html for more information about this Act), We will delete the child’s Personal Information from Our files to the extent technologically possible.

INFORMATION COLLECTED

As further described below, We collect the following types of information from and about you: (i) personal information by which you may be identified (“Personal Information”) and (ii) information about you and your activities on the Website that does not identify you personally (“General Information”), such as your Internet Protocol (IP) address, domain server, the type of computer, web browser, operating system or platform you use and referrer data identifying the web pages you visited prior to and after visiting our Website, your movement and activity within the Website and your geographic location.

PERSONAL INFORMATION

Personal Information about You We Collect Directly from You

We collect your Personal Information when you provide it to us when you interact with us directly through our Website, such as when you access various content or features, contact us directly, ordering any goods or services, registering for any contests or other promotions, post comments on our Guest Book pages, or other areas in which you otherwise interact with Our Website. The Personal Information We collect and maintain about you includes, without limitation:

Contact information, such as name, e-mail address, postal address, and telephone numbers;
Username, password, and password reminder questions and answers;
Date of birth;
Gender;
Your country, state/province and city; and
payment and identity verification information, such as credit card number and driver’s license number where needed for payment or to verify identity.

Personal Information about You Received from other Sources

Where permitted by applicable law, We may collect information about you from other sources, including through interactive applications (such as mobile devices and third-party services), from commercially available sources (such as data aggregators and public databases) and when you access Our Website through an SNS. We may access and store some or all of the following Personal Information:

Contact information, such as name, e-mail address, postal address, and telephone numbers;
Age and date of birth;
Gender; and
Your username and password for those services and other information available about or collected from you by those sources.

The information you allow Us to access varies by source and SNS platform, and it is affected by the privacy settings established by those third parties. This privacy policy does not cover the practices of third parties, including those that may disclose information to us. For more information about how those third parties handle your Personal Information, please refer to their privacy policies.

GENERAL INFORMATION

In addition to collecting Personal Information from you, We, our affiliates, subsidiaries and third party contracted or affiliated entities and Our third party service providers may use a variety of technologies that automatically collect General Information. General Information is information about you or your activities on Our Website that does not identify you personally. This general information includes, without limitation, your IP address, domain server, the type of computer, web browser, operating system or platform you use and referrer data identifying the web pages you visited prior to and after visiting Our Website, your movement and activity within the Website and your geographic location.

Cookies. The Website may place small files, called “cookies” onto your computer. Cookies are data files that websites write onto computer hard drives for record keeping purposes when you visit them. The cookie file then identifies you as a unique user. Cookies make your use of this Website more pleasing and efficient by “personalizing” your Website experience and gathering Website statistical data, such as which parts of the Website you have previously visited, what material you downloaded, your Internet provider’s domain name and country, and the addresses of websites you visited immediately before and after our Website. They enable Us to tailor the information you receive and to assist our affiliates or other third party organizations with whom We have strategic alliances or agreements by identifying you as Our customer or Website user. Most web browsers automatically accept cookies, unless you have configured yours not to accept them. You can program your browser not to accept cookies, but if you do, you may not be able to use certain portions of the Website and the Website will not be able to customize certain features according to your preferences.
Web Beacons. Small graphic images or web programming code called web beacons (also known as “pixel tags” or “clear GIFs”) may be included on the pages of the Website and in email messages We send you. Web beacons or other similar technologies may be used for a number of purposes, such as to count visitors to the Website, monitor how you navigate the Website or to count how many particular articles or links posted on the Website were actually viewed.
Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and We or our third party service providers may receive such device information if you access the Website through a mobile device. Certain features on the Website may require collection of mobile phone numbers and We may associate that phone number to mobile device identification information. Additionally, some mobile service providers operate systems that pinpoint the physical location of devices that use their services. Depending on the provider, We or our third party service providers may receive this information.
Embedded Scripts. An embedded script is programming code designed to collect information about your use of this Website, such as the links you click on. The code is temporarily downloaded to your computer from our web server or a third party provider, is active only while you are connected to the Website and is deactivated or deleted once you leave the Website.

HOW WE USE YOUR INFORMATION

We use your information procured and maintained above for things that may include, but are not limited to, the following:

Process your registration, including, at time, verifying that the e-mail address you provide is active and valid;
Allow you to participate in features We offer on the Website such as contests and message boards;
Fulfill your requests for products, services, and information, including to authorize a purchase, and complete a transaction that you have requested;
Process awards payment and business requests related to contest participation;
To respond to your inquiries;
Provide customer services and resolve any complaints;
Communicate with you regarding certain products, services or promotions offered by us or our Partners, provided that you have not already opted out of receiving such communications;
Cross-reference with other Personal Information that we have acquired about you or may acquire about you through other sources;
Improve Our Website and resolve any technical problems;
Analyze the use of Website and information about visitors to Our Website to understand and improve Our service offerings and, in accordance with Our sharing policies, discussed below, to produce anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;
Customize the content you see when you visit the Website, including to develop and provide advertising tailored to your interests;
Ensure compliance with the our Terms and Conditions;
Comply with any applicable laws and regulations; and
For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

We may provide your information to government officials and agencies as required by law, and Partners as part of business operations. For purposes of this Privacy Policy, “Partner” shall mean any person or entity with whom we enter into any kind of business transaction who is under an obligation to us to use reasonable care to keep Personal Information confidential.

DISCLOSURE OF INFORMATION WE COLLECT

We are committed to maintaining your trust and We want you to understand when and with whom We may share information collected about you. We may share General Information, such as aggregate user statistics, with non-affiliated third parties. We may provide data, including Personal Information about you, with our affiliates, subsidiaries and third party contracted entities. We may also share your Personal Information as disclosed at the time you provide your Personal Information, as set forth in the Privacy Policy and in the following circumstances:

Third Party Service Providers. In some cases we may employ third party service providers, including, but not limited to, third party payment processors, to perform certain services on our behalf, including, without limitation: (i) processing and fulfilling your orders; (ii) providing customer service; (iii) shipping, sending postal mail and e-mails; (iv) analyzing, updating and correcting information we receive on the Website; (v) performing business analysis, data processing and/or quality control; (vi) providing marketing assistance, search results and links (including, without limitation, paid listings and links); (vii) processing credit card and debit card payments; (viii) hosting our databases; and (ix) providing you with information you requested. Consequently, We may share your Personal Information with these third party service providers if they need it to perform services on Our behalf. However, such third party service providers are not authorized by Us to use your Personal Information for any other purpose.
Contests and Promotions. The Website may offer contests and other promotions that may require registration. If you choose to enter a contest or promotion, your Personal Information may be disclosed to third parties in connection with the administration of such offering, such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a contest or promotion, you are agreeing to the official rules that govern that offering, which may contain specific requirements of you, including, except where prohibited by law, allowing us and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Disclosure of Customer Information for Legal and Administrative Reasons. We may disclose your Personal Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (ii) to cooperate in investigations of fraud, intellectual property infringement or any other activity that is illegal or may expose us or you to legal liability; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Personal Information); (iv) to protect and defend the rights, property or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the Website’s users; (v) to enforce or apply the Website’s Terms and Conditions of Use; and (iv) to verify the identity of the Website’s users.
Business Transfers. Your Personal Information may be disclosed, transferred, sold or otherwise conveyed (“Conveyed”) to a third party where We: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of Our assets; (iii) are adjudicated bankrupt; (iv) are liquidated or otherwise reorganize; or (v) are in discussions or negotiations to evaluate the foregoing. You consent to any and all such Conveyances of your Personal Information.

Except as provided in this Privacy Policy, We will not sell, trade, or disclose your Personal Information We have collected without your consent.

HOW WE PROTECT INFORMATION WE COLLECT

We use reasonable efforts to safeguard the confidentiality of your Personal Information, prevent unauthorized access, maintain data accuracy, and enable the correct use of information. However, you should assume that no data transmitted over the Internet can be 100% secure. Therefore, We do not promise or guarantee, and you should not expect, that your Personal Information or private communications will always remain private.

If you believe that your username or password has been stolen, you are required to notify Us so that necessary measures can be taken immediately.

HOW LONG WE KEEP USER INFORMATION

We generally keep user data on Our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, We may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it. In addition, information posted in a public forum could stay in the public domain indefinitely.

Data management requests are administered in an orderly manner to the extent feasible and within Our direct control. Please note that We have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, Our general data retention policy applies and such data is maintained for as long as We reasonably need it, in Our sole and absolute discretion.

CONSENT TO TRANSFER

The Website is operated in the United States. If you are located in Canada or elsewhere outside of the United States, please be aware that information We collect will be transferred to and processed in the United States. By using the Website, or providing Us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

PRIVACY RIGHTS REQUESTS

If you have any requests about the Personal Information (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year, you may submit your request in writing to:

Enerbrands Inc. Attn: Legal Department 3960 Howard Hughes Pkwy. #500 Las Vegas, NV 89169

For all requests, you must put the statement “Your Privacy Rights” in the body of your request as well as your name, street address, city, state, and zip code. Please note that We will not accept requests via the telephone, mail, or by facsimile, and We are not responsible for notices that are not labeled or sent properly, or that do not have complete information. We may respond to your requests in Our sole and absolute discretion.

ACCESS AND UPDATING YOUR INFORMATION

If you believe that any Personal Information collected and maintained by Us about you is not correct or has changed, please send an e-mail message to customerservice@enerbrands.com explaining the correction or change. We also may provide web pages or other mechanisms through which you can correct or update the Personal Information we have collected and maintained.

In accordance with Our routine record keeping, We may delete certain records that contain Personal Information you have submitted through the Website. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.

If you ask Us to delete your information, We may do so within a reasonable period of time, in Our sole and absolute discretion. Please note that We may need to retain some information about you in order to satisfy Our legal and security obligations. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from Our databases without some residual data because of backups and other reasons.

PERSONAL CHOICE IN THE DISCLOSURE OF YOUR INFORMATION

If you do not want Us to share your Personal Information with any third party not expressly identified in this Privacy Policy or if you do not want to receive certain communications and offers from Us you can “opt-out” of such sharing, communications and offers by e-mailing us at privacy@macabido.com or by writing to us at:

Enerbrands Inc. Attn: Legal Department 3960 Howard Hughes Pkwy. #500 Las Vegas, NV 89169

Please note that even if you unsubscribe to promotional offers or other marketing messages, We still may need to send you communications relating to your use of the Website, such as a transaction initiated by you or for other legitimate non-marketing reasons.

USER-GENERATED CONTENT

The Website may enable users to submit their own content for contests, blogs, videos, chat rooms, message boards, and other functions. Publication of User Generated Content on the Website is subject to Our Terms and Conditions of Use. Any information you disclose in these areas is or may be deemed to be public information and you must exercise caution and discretion before posting any of your Personal Information. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.

LINKS TO THIRD PARTY WEBSITES

While on the Website or when viewing an e-mail or other content provided by us or the Website, you may encounter links to other websites operated by third parties. These other websites may set their own cookies, collect data or have their own privacy policies and practices. We are not responsible for the privacy practices or the content of such third party websites and we encourage you to review the privacy policies of these sites as soon as you enter them. Links to any third party website or content do not constitute or imply an endorsement or recommendation by us of the linked website or content.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our practices and service offerings. If We modify our Privacy Policy, We will update the “Effective Date” and such changes will be effective upon posting. If We make material changes to this Privacy Policy, we may notify you by posting a notice on the Website or by sending you a notice to the e-mail address We have on file for you. Any revised Privacy Policy will only apply prospectively to Personal Information collected or modified after the Effective Date of the revised policy. It is your responsibility to periodically check and review our Privacy Policy for changes.

ARBITRATION/APPLICABLE LAW JURISDICTION

Any dispute relating in any way to your visit to or other use of this Website shall be submitted to confidential arbitration in Las Vegas, Nevada except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive, equitable, or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in the state and federal courts in the State of Nevada. We agree that any Dispute (as defined below) between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Nevada law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. We will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Las Vegas, Nevada and will be limited solely to the Dispute between ss. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms and Conditions of Use or this Privacy Policy shall be joined to an arbitration involving any other party subject to the Terms and Conditions of Use or this Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, you would have had a right to litigate Disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) the Terms and Conditions of Use or this Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Us; or (iii) any other dispute arising out of or relating to the relationship between us. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.

By visiting the Website, even if accessed from a location outside the United States, you agree that the laws of the State of Nevada will govern these disclaimers, Terms and Conditions of Use and this Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to Our Website and these disclaimers, Terms and Conditions of Use or this Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Nevada.

IF YOU HAVE A PRIVACY QUESTION

If you have a privacy question about our Website and/or services, please e-mail: Customer Service at customerservice@enerbrands.com or write us at:

Enerbrands Inc. Attn: Legal Department 3960 Howard Hughes Pkwy. #500 Las Vegas, NV 89169