PRIVACY POLICY

This Privacy Policy constitutes an integral part of the Terms of Use that govern your use of the www.Cricut.com we­­­bsite (“ our Site ”), which is owned and operated by Provo Craft and Novelty, Inc. (“ Provo Craft ” or “ we ”). This Privacy Policy also constitutes part of the terms and conditions that govern your participation in any and all online and offline activities sponsored by Provo Craft (each, a “ Sponsored Activity ”).

Provo Craft respects your online privacy. This Privacy Policy informs you of what information we may collect from or about you on our Site, how we may use such information, and your rights and choices regarding our use of your information. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SITE. By using our Site or participating in a Sponsored Activity, you acknowledge that you have read this Privacy Policy, and agree to be bound by it. If you do not agree to any of the terms contained in this Privacy Policy, please refrain from using our Site or disclosing personal information on our Site or participating in any Sponsored Activity.

Notice To California Residents – Your California Privacy Rights:

Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (i) having EITHER a published privacy policy of not sharing a customer’s personal information for third parties’ direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (ii) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.

We do not, but may in the future, share customer information with non-affiliated third parties so that they may offer, market and advertise products and services directly to our customers. If and when that happens, we will provide our customers the choice to opt out of such information sharing. Any request for a disclosure required under this California law should be sent to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10876 South River Front Parkway, Suite 600, South Jordan, Utah U.S.A. 84095. Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.

1. TYPES OF INFORMATION WE COLLECT

(a) Personal Information. “ Personal Information ” refers to your personally identifiable information, including first and last name, telephone number, email address, mailing address, and Payment Account Information (as defined below). Many areas and features on our Site do not require registration and may be accessed by you without having to disclose any Personal Information. However, to the extent you voluntarily provide your Personal Information to us, we collect such information. For example, we collect Personal Information from you: (i) when you register to become a member on our Site; (ii) when you register to participate in a Sponsored Activity; (iii) when you join our electronic mailing list; (iv) when you purchase a product or service from us online (in such event, we collect your credit card, bank account or other payment account information (“ Payment Account Information ”) in order for us to accept, process, manage, and fulfill a purchase order as well as to process a return and refund request from you after the purchase); and/or (v) when you submit a request or inquiry to us on our Site. Each of the above means of furnishing Personal Information is referred to as a “ Transaction or Request .” You control the decision to disclose your Personal Information. However, without your Personal Information, we will not be able to process your Transaction or Request.

(b) Aggregate and Anonymous Information. “ Aggregate and Anonymous Information ” means any information that does not identify you individually. For example, we may collect anonymous group data (demographics, interests and preferences, etc.) about customers when they register to become members on our Site or to participate in a Sponsored Activity. We also collect aggregate traffic data pertaining to our Site, such as: total page views in a given time period; total impressions per ad; average amount of time that visitors spend on our Site each time they visit; average amount of time that visitors spend on each page of our Site; percentage of visitors from a certain geographical area, etc. Moreover, we may combine “User Activity Information” (as described below) about you and other users of our Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group. In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.

(c) User Activity Information. User Activity Information ” means information we collect about user activities on our Site. For example, our Site servers automatically collect and log “clickstream data” for all visitors to our Site, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. We also use cookies and web beacons to collect user activity information on our Site (see Section 6 below for more information).

To the extent we use User Activity Information in a manner that identifies a specific user individually ( e.g. , if we link or associate such information with name or address), it will be treated as Personal Information. Otherwise, User Activity Information will be treated as Aggregate and Anonymous Information.

2. OUR USE OF INFORMATION

We use information collected from and about our users and customers to improve our products and services, to improve the pages and content of our Site, to administer and maintain operations of our Site, to administer and manage transactions and relationships with our users and customers, to offer, market and advertise products and services to our users and customers, and to conduct market research and analysis.

(a) For Transactional, Administrative and Customer Relation Purposes. If you provide Personal Information to us in connection with a Transaction or Request, we will use your information to process, administer, manage, and communicate with you regarding, such Transaction or Request. For example: (i) if you register as a member on our Site, we will use your information to set up, administer, service, and communicate with you regarding, your account; (ii) if you register to participate in a Sponsored Activity, we will use your information to process your entry and to conduct and administer the event (including, in the case of a contest or sweepstakes, communicating with you in the event you are selected as a winner); (iii) if you join our electronic mailing list, we will use your information to send you our electronic communications, including our newsletters and our company announcements, notices and updates; (iv) if you purchase a product from us, we will use your information to process and fulfill your order, to communicate with you regarding the same, and to provide customer service to you; please note that we will use your Payment Account Information only for purposes related to your purchase and will not use such information for any other purposes; and (v) if you submit a request or inquiry to us, we will use your information to respond to your request or inquiry. Also, if you provide your email address or mailing address to us, we may use such address to send you notices of a transactional, administrative or relationship nature or as required by law, such as notice of a material change in this Privacy Policy and/or the Terms of Use for our Site, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.

(b) For Marketing and Advertising Purposes. We may use your Personal Information or User Activity Information to offer, market and advertise to you, on our Site and/or via email, our and/or third party products and services that may be of interest to you.

(c) For Market Research Purposes. We may use Aggregate and Anonymous Information (including such information derived from Personal Information and User Activity Information) to conduct market research and analysis for ourselves as well as for our sponsors and business partners.

3. DISCLOSURE TO THIRD PARTIES OUTSIDE PROVO CRAFT

(a) Disclosure to Non-Affiliates for Direct Marketing/Advertising Purposes. We do not, but may in the future, share your Personal Information with non-affiliated third parties so that they may offer, market and advertise products and services directly to you. If and when that happens, we will provide our customers with advance notice and the choice to opt out of such information sharing.

Please note, however, that under no circumstances do we knowingly share your Payment Account Information with non-affiliated third parties for direct marketing and advertising purposes (except with your affirmative prior consent).

(b) Disclosure to Co-Sponsors. From time to time, we may co-sponsor (online and offline) events and/or product/service offerings with non-affiliated third parties. If you participate in such co-sponsored events or offerings, any Personal Information and User Activity Information we collect from you based on your participation may be shared with our co-sponsors who may use such information for their own marketing and advertising purposes. You must contact our co-sponsors directly in order to opt out of their use of your information for marketing and advertising purposes.

(c) Disclosure to Service Providers. We may disclose your Personal Information and User Activity Information to our outside vendors and contractors who need to access such information in order to perform their services (including, without limitation, transaction/payment processing, order fulfillment, survey/contest/sweepstakes administration and prize fulfillment, data research and analysis, data collection and processing, data storage, data security, hosting and technical support for our Site, and marketing and advertising support) to us (hereinafter collectively as “ Service Providers ”). For example, we may use a marketing firm to conduct online surveys from time to time. Generally, we require that our Service Providers use your information shared by us solely for the purposes of performing their services to us and that they maintain the confidentiality, security and integrity of such information and not further disclose the information to others.

(d) Disclosure Under Other Circumstances. We may disclose your Personal Information and User Activity Information to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (i) comply with legal process (including a court order or subpoena); (ii) cooperate with law enforcement; (iii) enforce this Privacy Policy and/or the Terms of Use for our Site; (iv) respond to an emergency; or (v) protect the rights, property or safety of Provo Craft, one or more members of our users and customers, and/or the public.

In addition, we may transfer your Personal Information and User Activity Information as part of our assets if we (or parts of our businesses) are sold or transferred to, merged with, or acquired by a third party. Upon such transfer, the privacy policy of the acquiring entity may govern the further use of your Personal Information and User Activity Information.

(e) Unrestricted Disclosure of Aggregate and Anonymous Information. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose Aggregate and Anonymous Information. For example, we may freely share Aggregate and Anonymous Information with non-affiliated third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share Aggregate and Anonymous Information with our Service Providers in order for them to perform services to us.

4. INFORMATION ACCESS; YOUR CHOICES

(a) Information Access. If you wish to update/correct your Personal Information (such as address or payment information) previously provided to us, you may send your request to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10876 South River Front Parkway, Suite 600, South Jordan, Utah U.S.A. 84095. We will endeavor to process your request as soon as possible after receipt. Also, if you have an active account on our Site, you may log into your account to review, update and correct your account information.

(b) Y o u r C h o i c e s

  1. (i) Opt-Out for Email Marketing. When you register to become a member on our Site or to participate in a Sponsored Activity, we may provide you with the opportunity to opt out of receiving marketing emails from us ( e.g. , by checking an opt-out box) at the time of your registration. Even if you do not exercise the opt-out choice when you register or when you otherwise disclose your Personal Information to us, you may subsequently exercise such choice at any time, by sending your request to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10876 South River Front Parkway, Suite 600, South Jordan, Utah U.S.A. 84095, or by using any opt-out means ( e.g. , an “unsubscribe” link) provided in a marketing email you have previously received from us. Please note, however, that your opt-out will apply only to marketing and promotional emails from us and will not stop email communications from us relating to your Transaction or Request, of a transactional, administrative or relationship nature, or as required by law, such as notice of a material change in this Privacy Policy and/or the Terms of Use for our Site, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.

    Please also note that if the email address you provide to us is a “wireless” email address ( i.e. , the address is designated by a wireless service carrier specifically for transmitting emails to a wireless device), we will not send marketing emails to that address without your prior opt-in consent. The Federal Communications Commission has published a list of domain names used by wireless service providers to transmit emails to wireless devices, at http://www.fcc.gov/cgb/policy/DomainNameDownload.html . Wireless service providers must add new domain names to this list within 30 days of activating them. If your email address contains a domain name on this list (after the “@” symbol), then we will treat your email address as a wireless email address. However, the mere fact that you can retrieve emails from your regular Internet email account on your mobile/wireless device, does not make your Internet email address a “wireless” email address.

  2. (ii) Opt-Out for Disclosure to Non-Affiliates for Direct Marketing/Advertising Purposes. We do not currently, but may in the future, share your Personal Information with non-affiliated third parties so that they may offer, market and advertise products and services directly to you. You may at any time opt out of such information sharing, by sending your request to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10876 South River Front Parkway, Suite 600, South Jordan, Utah U.S.A. 84095. We may also provide you with an opportunity to opt out at the time you register on our Site or to participate in a Sponsored Activity, such as by checking an opt-out box on the registration page.
  3. (iii) Cancellation of Account/Deletion of Information. If you wish to cancel your account on our Site and delete your Personal Information previously provided to us, you may send your request to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10876 South River Front Parkway, Suite 600, South Jordan, Utah U.S.A. 84095. We will endeavor to process your request as soon as possible after receipt. However, we reserve the right to retain your Personal Information if doing so is required by law or to comply with legal process (including a court order or subpoena) or a legitimate law enforcement need.

5. HOW WE PROTECT YOUR INFORMATION

Provo Craft understands the importance of protecting the security and integrity of Personal Information that our customers have shared with us, and will endeavor to safeguard your Personal Information. All Payment Account Information provided by you in connection with an online transaction with our Site will be protected by encryption using the standard Secure Sockets Layer (SSL) protocol, and we retain your Payment Account Information for only as long as is necessary to process your related transactions with us. It is also important for you to protect against unauthorized access to your password and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe. We will endeavor to notify you in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by us.

Unfortunately, however, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while Provo Craft will endeavor to safeguard your Personal Information, it cannot guarantee the absolute security of such information. You understand and agree that Provo Craft shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond Provo Craft’s control, including, without limitation, your own act or omission, corruption of storage media, defects in third party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.

Please note that any information that you post in any public, community or interactive areas on our Site ( e.g. , chat rooms, bulletin boards, message boards, and discussion groups) will be accessible to, and may be collected and used by, others and may result in unsolicited or unwanted messages or contact from others. Accordingly, please exercise caution when providing information about yourself in any public, community or interactive areas on our Site.

6. USE OF COOKIES & SIMILAR TRACKING TECHNOLOGIES

Cookies. We may send cookies, which are small pieces of data, to your web browser to facilitate your use of our Site. Cookies help us deliver content specific to your interests and permit our servers to recall information from your prior visits to our Site. We may use information collected from cookies together with Personal Information we have collected from you. We do not, however, use cookies to access information on your computer or device. You can choose whether to accept cookies by adjusting the settings of your browser. If your browser is set to reject cookies, you may still enter our Site, but you may not have full access to all areas within our Site.

Web Beacons. Web beacons are small bits of code embedded in web pages or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We also may include web beacons in emails to learn if messages have been opened, acted on, or forwarded. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

Adobe’s Flash Cookies. The Adobe Flash Player is an application and web tool that allows rapid development of dynamic content. Flash (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your web browser. We may employ Adobe Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. You may access your Flash management tools from Adobe’s web site directly.

DoubleClick’s Dart Cookies. The DoubleClick DART cookie helps us learn how well our Internet advertising campaigns or paid search listings perform. We may use DoubleClick’s DART technology to deliver and serve advertisements. This information helps to give us and third parties the number of unique users their advertisements were displayed to, how many users click on our Internet ads or paid listings, and which ads or paid listings are clicked on.

Third Party Advertisements. We also may use third party advertisements and advertisers on our Site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our Site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).

7.THIRD PARTY WEBSITES AND THIRD PARTY APPLICATIONS

Our Site may (i) contain links to third party sites; and (ii) include applications that are developed and hosted by third parties that are not owned or controlled by or affiliated with Provo Craft. Provo Craft is not responsible for the privacy practices of such third party sites or applications. Once you enter such a third party site or enlist such a third party application, this Privacy Policy will no longer apply, and any information collected from or about you on that third party site will be governed by the privacy policy of that third party. The privacy policies and practices of such third party sites may be substantially different from those of Provo Craft. They may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third party sites and applications entirely at your own risk. You should always read the privacy policy for a third party site and application before disclosing any Personal Information on such site.

8. PROTECTING CHILDREN

Our Site is not designed or intended for children under the age of 18, and we do not knowingly collect personal information from children under 18 on our Site. Children under the age of 18 are not permitted to register on our Site. If we discover that any registration is made by an underage child, such registration will be promptly and permanently canceled and removed from our Site, with or without notice. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.

9. CHANGES TO PRIVACY POLICY

We reserve the right to modify this Privacy Policy from time to time in our sole discretion. For example, we may amend this Privacy Policy in order to address new developments in national, state or local consumer privacy laws, or to conform to changing industry practices. If we make changes to this Privacy Policy, we will announce and post such changes on our Site for the general public. If you are a registered user, we may also notify you of the changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on our Site. By continuing to use our Site after such notice and consent, you are bound by this Privacy Policy as modified.

10. HOUR CONTACT INFORMATION

Should you have questions about this Privacy Policy or our information collection, use and disclosure practices, you may contact us as follows:

Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10876 South River Front Parkway, Suite 600, South Jordan, Utah U.S.A. 84095.

We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of Personal Information about you. Except where required by law, Provo Craft cannot ensure a response to questions or comments regarding topics unrelated to this policy or Provo Craft’s online privacy practices.

11. POLICY EFFECTIVE DATE

This Privacy Policy is effective as of January 1, 2012 and was last updated on January 1, 2012.