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PRIVACY POLICY

Effective Date: June 26, 2008

This Privacy Policy applies only to rachaelrayshow.com (however accessed and/or used, whether via personal computers, mobile devices, or otherwise), which is owned or controlled by KWP Studios Inc. ("Company," "we," "our" or "us") or other interactive features that are accessible or downloadable through rachaelrayshow.com and that post a link to this Privacy Policy (collectively, the "Web Site"). This Privacy Policy only covers information collected at the Web Site, and does not cover any information collected at any other web site or offline by Company (unless specifically stated). The purpose of this Privacy Policy is to disclose to you what information we may collect on the Web Site, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you may have regarding our collection, use, and disclosure of such information.

Please read this Privacy Policy carefully. In addition, please review our Terms of Use, which govern your use of the Web Site.

Table of Contents

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TYPES OF INFORMATION THAT MAY BE COLLECTED

The following are the types of information we may collect:

Web Site Usage Information & Device Identifiers

We may receive and store certain types of usage information whenever you visit or interact with the Web Site. For example, we may collect the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other similar information. We may also collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively referred to herein as a "Device Identifier"). A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device used to access the Internet, and our computers identify your device by its Device Identifier. We may associate your Device Identifier with the personal information you provide. When analyzed, web site usage information helps us determine how visitors arrive at the Web Site, what type of content is most popular, what type of content you may find most relevant, and what type of visitors are interested in particular kinds of content and advertising.

Information You Provide Us

We may ask you to provide us with two types of information: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address cell phone number and physical address; and (2) demographic information, such as gender, zip code, or similar information. We may collect this information at various places and forms on the Web Sites, including registration forms for newsletters and other communications (e.g., whether by e-mail, mobile device, etc.); when you request show tickets; when you ask Rachael Ray a question; when you communicate or otherwise interact with us; when you submit information to us (whether or not the information is intended to be posted on the Web Site); when you enter or participate in contests, sweepstakes, surveys or voting; or when you purchase a product or service through the Web Site. You may also be asked to choose a user name and password in order to identify yourself during future visits to the Web Site. Do not use your real name or the name of any other actual person as your user name. Providing us with information about yourself is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Web Site's features.

Information from Other Sources

We may receive information about you from other sources; for example, we may obtain geographic or demographic information, or information regarding your possible interests, from third parties, or we may receive information from a marketing partner in connection with a co-branded web site or promotion. We may use this information for a variety of purposes, including to enhance our ability to serve you and to tailor content and ads we serve to you. We may combine the information we receive from those other sources with information we collect through the Web Site. In those cases, we will apply this Privacy Policy to any personal information received, unless otherwise specifically disclosed by us at the time you provide your personal information.

Send To A Friend

If you send a friend a communication from the Web Site, the information you provide (names, e-mail addresses, phone numbers, etc.) is used on a one-time basis to facilitate and confirm the communication and is not used for any other marketing purpose, unless we obtain additional consent.

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HOW INFORMATION MAY BE COLLECTED

Cookies

The Web Site uses standard technology called "cookies," which are small data files that are transferred to your computer (or other Internet-accessing device) when you visit the Web Site and allow your browser to accept cookies. Cookies automatically identify your web browser to the Web Site whenever you visit the Web Site, and may make navigating and using the Web Site easier for you. Also, by tracking how and when you use the Web Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Web Site are based on data obtained from cookies. Additionally, accepting cookies may allow you to, among other things, personalize your experience on the Web Site. Cookies may also allow the Web Site to present to you advertising that may be of interest to you as well as limit how often you see certain ads that may detract from your user experience on our Web Site. If you do not want to allow information to be collected through the use of cookies, you can generally opt out of providing this information by setting your browser to reject cookies. However, please be aware that some areas of the Web Site may not provide you with an acceptable user experience if you have disabled the use of cookies.

Web Beacons

The Web Site and any communications sent by the Web Site may contain electronic images (generally, single-pixel ".gif" images) called "web beacons." These web beacons allow Company and third parties to monitor and collect certain information about the viewer of the web page, web-based document, e-mail message, or other communication, such as the type of browser requesting the web beacon, the Device Identifier of the device that the web beacon is sent to and the time the web beacon was viewed. Company's use of web beacons on its Web Site, include, without limitation, the following:

  • counting unique users (actually, unique web browsers), visits and page views;
  • monitoring traffic and conversion patterns through our various product and service offerings on the Web Site. For example, web beacons may be integrated into a merchandise product page as well as the subsequent shopping cart, transaction and verification pages;
  • personalizing your experience when you visit the Web Site, including the advertising and content you see; and
  • determining whether or not messages were opened, links were clicked or notifications/offers were acted upon.

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HOW WE USE THE INFORMATION COLLECTED

The information you provide to us may be used to:

  • Send you newsletters, e-mails and/or other communications for which you have registered;
  • Contact you about the Web Site, including, without limitation, in our discretion to notify you of changes to this Privacy Policy, the Web Site's Terms of Use, or other policies that affect your use of the Web Site;
  • Confirm or fulfill an order you have made;
  • Provide special offers or promotional materials to you on behalf of us or third parties;
  • Contact you with regard to a sweepstakes, contest or promotion in which you have participated;
  • Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;
  • Monitor or improve the Web Site;
  • Administer the Web Site's systems and for other internal business purposes;
  • Customize the advertising and content you see;
  • Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices;
  • Respond to an inquiry you have submitted;
  • Evaluate you for a possible invitation to be a guest on the Rachael Ray show;
  • Generate topics for the Rachael Ray show;
  • Determine whether we may offer you or your group a reservation to be a guest on the Rachael Ray show; and
  • For other purposes disclosed when you provide your information.

Moreover, if you submit to Company and/or the Web Site comments, photographs, videos, music, text or other content, it maybe published online or offline (including on-air, on a CD or DVD, through wireless distribution, and transmission of soft copies, or any other media or format currently existing or hereafter developed), and we may publish your name, voice, likeness and other personal information in connection with publishing the content or a portion of the content, and we may use the content and any excerpt from the content in connection with advertising, marketing, publicity and promotional activities. Please also see "Information You Submit" in our Terms of Use, which governs any content you submit through the Web Site.

Please note that information submitted to the Web Site via a "contact us," or other similar features will not necessarily receive a response. We will not use any such information you provide to contact you for marketing purposes unrelated to your submission, although we may contact you regarding your submission or to participate in the show.

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THIRD PARTY AD SERVING & AUDIENCE AND TRAFFIC MEASUREMENT SERVICES

The Web Site may use third party network advertisers to serve advertisements on the Web Site and may use a traffic measurement service to analyze traffic on the Web Site. Network advertisers are third parties that display advertisements based on your visits to the Web Site and other web sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. Although advertisers and other companies do not have access to cookies set by the Web Site, the Web Site's third party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies enabled in your browser or they may otherwise have access to information. These third party cookies, are set to, among other things, help deliver advertisements to you that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and web beacons are governed by each third party's specific privacy policy, not this one. While we may use a variety of companies to serve advertisements on the Web Site, you may wish to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding the "opt-out" procedures of certain third party ad servers we may use.

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WITH WHOM INFORMATION MAY BE SHARED

We do not share your personal information with third parties for those third parties' marketing purposes unless you opt-in to such sharing at the time you provide your personal information. We may share non-personal information, such as aggregate user statistics, demographic information, and web site usage information with third parties. In addition, we may share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:

Third parties providing services on our behalf

We employ third parties to perform functions on our behalf; examples include hosting or operating Web Site, fulfilling orders for products and services purchased through the Web Site, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the Web Site's behalf.

When You Agree To Receive Information From Third Parties

You may be presented with an opportunity to receive information and/or marketing offers from third party(s). If you do not agree to have your personal information shared, your personal information will not be shared with such third party(s) for direct marketing purposes. If you do agree to have your personal information shared, your personal information will be disclosed to such third party(s) and all information you disclose will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy policies and practices of such third party(s) and, therefore, you should review the privacy policies and practices of such third party(s) prior to agreeing to receive such information from third party(s). If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other promotions through the Web Site that may require registration. If you choose to enter a sweepstakes, contest or other promotion, your personal information may be disclosed to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.

Business Transfers

Company may share the information collected through the Web Site with and among its parent, subsidiaries and affiliates. Company or any of it assets, including the Web Site, may be sold, or other transactions may occur in which your personal information is one of the key business assets for the transaction. In such a case, your personal information may be one of the business assets we transfer. Hence, Company reserves the right to disclose and transfer user information, including personal information, in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our assets, or other corporate change.

Legal Protections and Law Enforcement

We may disclose information about our users, including your personal information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Web Site and applicable laws; or to protect the legal rights, interests, or safety of the Web Site, our users or others. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

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CORRECTING/UPDATING PERSONAL INFORMATION

The Web Site may contain web pages through which you can change your subscriptions or correct or update the personal information you have provided to us through registration with the Web Site. To the extent you register for a subscription through the Web Site, you may cancel (or modify if applicable) your subscription by following the instructions provided to you in applicable communications regarding such subscriptions.

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CHAT ROOMS, FORUMS, AND MESSAGE BOARDS

The Web Site may make chat rooms, forums and message boards available to its users. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas. Your use of chat rooms, forums and message boards is subject to our Terms of Use.

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THIRD PARTY CONTENT AND LINKS TO OTHER WEB SITES

When you are on the Web Site you may be directed to other sites that are operated and controlled by third parties that are beyond our control. For example, if you "click" on a banner advertisement, the "click" may take you off the Web Site onto a different web site. This includes links from advertisers, sponsors and partners that may use the Web Site's logo as part of a co-branding agreement. These other web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a web site that is linked from our Web Site, you should consult that web site's privacy policy before providing any personal information.

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CONSENT TO TRANSFER

The Web Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Web Site or providing us with your information, you consent to this transfer.

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CALIFORNIA VISITORS

Residents of the State of California may request a list of all third parties to which the Web Site has disclosed certain information during the preceding year for the third parties' direct marketing purposes, if any. If you are a California resident and want such a list, please contact us. For all requests, you must put the statement "Your California Privacy Rights" in the body of your request and include the Web Site's name, "RachaelRayShow.com," 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.

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SECURITY

Company incorporates reasonable safeguards to help protect and secure your personal information. However, no data transmission over the Internet, or wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that Company cannot ensure or warrant the security of any information you transmit to Company via its Web Site, and you do so at your own risk.

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A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY

We do not knowingly collect any personal information from children younger than the age of thirteen (13) on the Web Site and we will delete any information later determined to be from a user younger than thirteen (13).

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NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY

By using the Web Site, you acknowledge your agreement to the terms of this Privacy Policy. From time to time, Company may update this Privacy Policy. However, Company 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.