PRIVACY NOTICE

(Last Updated 1-Jun-2011)

INTRODUCTION

Smith & Tinker, Inc. ("Smith & Tinker", "us", "we") is dedicated to providing a safe, fun environment for people of all ages. We are committed to protecting and safeguarding consumer privacy on the Internet, especially for children. This privacy notice ("Privacy Notice") describes how we handle the personal information provided to us or collected on the www.smithandtinker.com, www.marvelkapow.com and www.whirleo.com websites (the "Sites").

These Sites are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

We ensure that our Privacy Notice and information practices adhere to the United States Children's Online Privacy Protection Act ("COPPA") and are managed in accordance with the guidelines of the Children's Advertising Review Unit ("CARU"). We encourage parents to regularly monitor and supervise their children's on-line activities.

This Privacy Notice may change from time to time, and your continued use of the Sites or any portion thereof constitutes acceptance of such changes. Please check this area periodically for updates to this Privacy Notice.

INFORMATION SMITH & TINKER COLLECTS FROM YOU

Smith & Tinker may collect information through your active submission of information or passively through use of automated technologies.

Active Information Collection

Much of the personally identifiable information we collect from our visitors is submitted voluntarily in response to our specific requests for such information. For example, visitors may provide us with personal information to sign up for our newsletter or in response to polls or other interactivity incorporated into the Sites. We do not require users to provide any more information than necessary to participate in the related activity.

The information we actively collect from you may include some or all of the following: name, date of birth, address, email address, username, password and/or gender.

For some of our online activities - such as polls or surveys - we may ask users to provide information that is not personally identifiable, such as country of residence, hobbies or feedback or suggestions for the Sites.

Passive Information Collection

As you navigate through the Sites, other information may be collected through use of technologies, which are common among websites and online environments. For example, we may track Internet protocol ("IP") addresses, which is a unique string of numbers assigned to your computer by your Internet service provider.

We also use "cookies," which are small pieces of information or files that a website puts on your computer when you explore the Sites. The cookies we use allow us to collect, store and sometimes track information about your use of the Sites or to save your settings (such as your username and password) or provide a customized experience.

In addition to our active information collection efforts, we may also use technology to gather operational information about the technology you use, such as your browser, type of computer, operating systems and Internet service providers. This information cannot be used to identify you personally.

HOW SMITH & TINKER USES AND DISCLOSES YOUR PERSONAL INFORMATION

Smith & Tinker uses your personal information to enable you to receive the particular items/services for which you are submitting that information. We may use your e-mail address to send you e-mails about the Sites or other Smith & Tinker products. We may use information about your location to provide information to you about Smith & Tinker or our products events in your area.

Although we do not generally give your personal information to third parties, we may disclose your information to Smith & Tinker partners only if you expressly consent to such disclosure.

We reserve the right to disclose information if required to do so by law or by a regulatory authority. We may also disclose your information as part of an investigation or enforcement action relating to improper or illegal conduct in connection with the Sites.

If a third party acquires the assets of Smith & Tinker related to Sites and services (whether by sale, merger, change of control, bankruptcy or otherwise), your information may be transferred to the new owner(s). In such case, your information would remain subject to the provisions of the Privacy Notice that was applicable to your information immediately prior to the transfer.

Smith & Tinker may maintain aggregate data or other non-personally identifiable information about our users, such as usage statistics, online traffic patterns and user feedback. In addition to using this information to support operation of the Sites, Smith & Tinker may disclose this anonymous information to third parties without restriction. This information cannot be used to identify you.

HOW SMITH & TINKER PROTECTS YOUR INFORMATION

We work hard to protect your personal information. Smith & Tinker and our third party partners store our email lists on secure servers. We use both technical and procedural methods to maintain the integrity and security of our lists and have restricted access to data. The Sites may contain links to other websites operated by third parties that may be of interest to you. When you follow a link and leave the Sites, you do so at your own risk because we do not control such third party websites. We strongly encourage you to review the privacy policies of such third party websites before providing them with any personal information.

ACCESSING OR CORRECTING INFORMATION COLLECTED BY SMITH & TINKER; EXPRESSING YOUR PREFERENCES FOR OUR USE OF YOUR INFORMATION

You have the following choices regarding the personally identifiable information you provide for Smith & Tinker to use:

You may send us an e-mail message at privacy@smithandtinker.com to request access to review, correct or delete any personally identifiable information maintained on our systems that you or your child has provided to us. To protect your privacy, we will respond only to e-mail messages sent from the e-mail account that you specified (or was given by your child) during the account registration process.

You may also opt out of receiving newsletters and other promotional materials from Smith & Tinker by clicking the unsubscribe link in the email you've received or by notifying us at unsubscribe@smithandtinker.com.

If you do not wish us to collect cookies, you may set your browser to refuse cookies or to alert you when cookies are being sent. If you set your browser to refuse cookies, please note that some parts of the Sites may then be inaccessible or not function properly.

GENERAL

Smith & Tinker reserves the right to change its Privacy Notice in its sole discretion. In such case, we will post the new Privacy Notice on the Sites and the effective date of the new Privacy Notice will be clearly marked.

Your use of the Sites are subject to this Privacy Notice as well as our Terms of Use. Please review this Privacy Notice and the Terms of Use carefully, because if you do not agree with our practices, your ultimate choice is not to use the Sites.

CONTACT SMITH & TINKER

If you have any questions, comments, or concerns about this Privacy Notice or otherwise, please contact us at:

Smith and Tinker, Inc.
1008 Western Avenue
Suite 210
Seattle, WA 98104
info@smithandtinker.com
Telephone: 206.973.7830

Please include an e-mail address or telephone number where we can contact you.

YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.

To see a copy of the information disclosure provided by Smith & Tinker pursuant to Section 1798.83 of the California Civil Code, e-mail us at privacy@smithandtinker.com.