This is the privacy policy (“Privacy Policy”) describing our privacy practices for the specific Internet website, application or other interactive service that includes an authorized link to this Privacy Policy and all other websites, applications and other interactive services you also use that are offered by the specific KK Brand (as defined below) that is providing this website, application or other interactive service (collectively, all such websites, applications and other interactive services, “Site,” “we,” “us” or “our“). The Site is owned, operated and/or provided on behalf of the applicable KK Brand by Kinetic Koncepts LLC. (Kinetic Koncepts LLC., along with its Affiliates, shall be referred to collectively as “KK”). “Affiliates” refers to all affiliates that KK directly or indirectly work with (including advertisement partners, services providers etc).
This Privacy Policy is intended to explain our privacy practices and covers the following areas:
This Privacy Policy applies:
This Privacy Policy does not, unless specifically stated, apply to any Information (as that term is defined below) collected by any other company or collected in any other manner or by any other website, application or other interactive service offered by KK and/or its Affiliates. Such information collection may be governed by separate privacy policies or notices.
By participating in this Site or any features, activities or services offered through the Site, you consent to our privacy practices as described in this Privacy Policy.
Certain products or services offered by this Site may be subject to additional privacy practices, such as practices on how Information is collected, used, shared and/or disclosed by such products or services and/or how you may exercise choice with regard to such Information (“Additional Privacy Statements”). These Additional Privacy Statements, if any, shall be provided to you in conjunction with those products and services and are hereby incorporated in this Privacy Policy by reference. To the extent that there is a conflict between this Privacy Policy and the Additional Privacy Statement for the activity in which you choose to participate, the Additional Privacy Statement shall govern.
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations.
If you are located outside of the U.S., you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.
By using this Site, participating in any Site activities and/or providing us with your Personal Information and Other Information, you (a) consent to the transfer and/or processing of any Information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and (c) understand that we shall collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.
When we use the term “Personal Information” we mean information that you provide us that identifies you or would allow someone to contact you, such as your full name, postal address, email address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you, including, but not limited to, Device and advertising identifiers and information collected through cookies or other Tracking Technologies or Identifiers (as those terms are defined below). Any Personal Information that is modified to remove your contact information and other information that identifies you or that is replaced with information that no longer identifies you or allows someone to contact you (for example, hashed email addresses or usernames) shall not be treated as Personal Information but shall be treated as Other Information after such modification. (Personal Information and Other Information shall be referred to, together, as “Information”.)
3.1. Information We Collect that You Provide Us.
3.1.1 User Registration; Third Party Social Media Network Sign-On; Single KK Sign-On.
If we offer user registration on the Site, to register as a member of the Site, there may be a few options for you to register: Site Registration (as described below), Third Party Social Media Network Sign-On (as described below) and, if you have previously registered on another KK website, application or other interactive service using one of those methods, Single KK Sign-On (as defined and described below) if offered by this Site. In each case, you are required to either use a pre-existing user name and password (together, your “User ID”) or select a new User ID.
3.1.1.1 Site Registration.
For Site registration, you are required to select a User ID and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested and/or required during the registration process. After you have registered for the Site under Site Registration, we may recognize you when you visit certain other KK websites, applications or other interactive services across Devices (such as when you login) and permit you to use Single KK Sign-On (as described below) to register for and login on such other websites, applications or other interactive services, but please note that other KK websites, applications or other interactive services may set additional or different requirements for membership, such as minimum age.
3.1.1.2 Third Party Social Media Network Sign-On. We may provide you with the ability to sign on to the Site by using third party social media network credentials (“SMN”). If you choose to sign-in through an SMN, you may be required to provide us with all or some of the Information required in the Site’s registration form and your use of the Site shall be governed by the applicable SMN’s privacy policy and user agreements as well as this Privacy Policy and the Site’s Terms of Use Agreement. Please note that the SMN may set additional or different requirements for membership than those set for the Site, such as minimum age. We, and KK, are not responsible for the use of any such SMN, or for the accuracy, use or misuse of any information that you may disclose to or receive from an SMN or other third party in connection with such use. If you use an SMN to sign-in, we may receive certain information from such SMN and our use of your Information we receive from any SMN is governed by the relevant policies of any such SMN and any permissions you give us regarding your Information, including, but not limited to, those set forth in this Privacy Policy. If you have questions about whether a particular feature, function or service of the Site is powered by a third party, you may contact us with your question as provided in Section 12.2 (Questions) below.
After you have registered for the Site through SMN, we may recognize you when you visit certain other KK websites, applications or other interactive services and permit you to use Single KK Sign-On (as described below) to register for and login on such other websites, applications or other interactive services.
3.1.1.3 Single KK Sign-On. If you are not already registered for the Site, but are registered on other KK websites, applications or other interactive services through any of the above methods, we may permit you to use your User ID from such other KK websites, applications or other interactive services to register for and log into this Site (“Single KK Sign-On”), but please note that this Site may set additional or different requirements for membership, such as minimum age, than those requirements set by other KK websites, applications or other interactive services.
Also note that, for your online privacy and security, if other people have access to your Device, we recommend you log out of your account after visiting any of the websites, applications or other interactive services that are associated with your account.
3.1.2 In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to participate in commenting, shopping and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, if we offer e-Commerce services on this Site, if you order any of our goods or services through such services, in addition to your name and contact information, we (or our operational service providers that we use to provide the e-Commerce service) may also collect and/or maintain your billing address, shipping address, selections, credit card or other payment instrument information, order number and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL).
The Site may also provide features, functions and/or services powered by an SMN or other third party. For example, Information may be disclosed to an SMN through plug-ins offered by such SMN (such as Likes, Shares or commenting). Please take care when using any SMN or other third party service and familiarize yourself with the SMN’s or other third party’s policies and agreements, if any, that govern such use.
3.1.3 In Connection with Promotions such as Contests and Sweepstakes.
There may be a separate registration process to enter Promotions (as defined in the Site’s Terms of Use Agreement) such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion. The Promotion’s entry page and/or Rules shall provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners (“Advertisers”) as a result of your use of the Site in connection with these Promotions.
3.2 Information Collected Through Use of Cookies and Other Tracking Technologies.
The Site and/or third parties may use “cookies”, “web beacons”, Flash local shared objects and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web. “Cookies” are typically html or browser-based text or other files (and often referred to as browser cookies) that help store information, user preferences and/or user activity. “Web beacons” (also known as image tags, gif, tracking pixels or web bugs) are small pieces of code used to collect data, such as counting page views, promotion views or advertising responses. Flash local shared objects (“LSOs”) (sometimes known as Flash cookies and used if Adobe Flash is used) are text or other files that help store user preferences and/or activity.
These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site (such as your visits to the Site’s webpages, type of browser use, type of operating system used, date and time of viewing, use of our features and purchasing history or preferences) or other websites, applications or interactive services. Through these Tracking Technologies, we may collect such Other Information across multiple sessions on this Site and other websites, applications or other interactive services and may also collect or access your IP address (which is automatically assigned to any Device(s) and/or Device and Internet browser combination you use to access the Site) and/or set or access some other identifier unique to the Device(s), Device platform and/or Device-Internet browser combination you use to access the Site (“Identifier”). For example, we may set a unique alphanumeric Identifier unique to your home computer on Firefox, or access an Identifier provided by a mobile platform, such as the application or advertising Identifiers offered by Apple. Your Personal Information is not collected as part of this process but we may combine any or all of the Other Information we collect using Tracking Technologies and associate it and/or Identifiers with your Personal Information (such as your Single KK Sign-On ID) and/or with other non-personally identifiable unique identifiers assigned by KK or third parties.
3.2.1 The Site’s Use of Tracking Technologies to Collect Information
By visiting the Site, whether as a registered user or otherwise, you acknowledge and understand that you are giving us your consent to track your activities and your use of the Site and other websites, applications or interactive services through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you. See Your Choices section below for more information on how you can withdraw your consent for certain purposes.
We use Tracking Technologies to enable us to collect and then use Information as described in Section 4.2 “Other Information Collected by Us” under “How Is Collected Information Used” below. For example, we use Tracking Technologies to enable Single KK Sign-On, to prevent you from seeing the same advertisements too many times or seeing advertisements too frequently, to tailor your experience on the Site by delivering relevant personalized advertising, email marketing and other content and to record if you have opted out of receiving personalized advertising from us.
3.2.2 Third Parties’ Use of Tracking Technologies to Collect Information
This Site may additionally use a variety of third party advertising networks, data exchanges, data management platforms, supply side platforms, ad exchanges, traffic or audience measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Service Providers”) to, for example, facilitate personalized advertisements (“Customized Advertising”) and/or other content, serve advertisements on the Site and/or measure and analyze advertising or content effectiveness and/or traffic on the Site. Customized Advertising enable us to, among other things, help deliver advertisements to you for products and services that you might be interested in based on your visits to the Site and other websites, applications or other interactive services you have visited.
Third Party Service Providers, as well as Advertisers and other third parties, may themselves set and access their own Tracking Technologies on your Device subject to your choices about those Tracking Technologies (see “Tracking Technologies set by Third Party Service Providers and Advertisers” section below and “More Information on Managing Tracking Technologies” section below) and/or they may otherwise collect or have access to Information about you and your online activities over time and across different websites when you use the Site.
We may also enlist the assistance of Third Party Service Providers so that the Site may set Tracking Technologies. For example, to the extent necessary to provide basic advertising serving services such as controlling how often you see advertisements or ensuring you do not see the same advertisement repeatedly, we may enlist the assistance of such Third Party Service Providers to create, customize or modify Tracking Technologies set by the Site. See also Section 5.2.1 for more information on this Site’s use of Nielsen’s proprietary measurement software to collect and use video viewing metrics and other information.
Except to the extent necessary to provide services to the Site, Third Party Service Providers do not have access to Tracking Technologies set by the Site, but we may provide to Third Party Service Providers certain Other Information collected by Tracking Technologies set by the Site in order for the Site to provide Customized Advertising or in order for the Third Party Service Providers to provide other services to the Site, such as measuring or analyzing advertising or content effectiveness or traffic on the Site. For example, in order to analyze traffic on the Site, we may provide to our Third Party Service Providers certain information we collect about your interaction with the Site along with an Identifier so that the Third Party Service Provider may provide analytics services to the Site.
As set forth in this Privacy Policy, we may share Information with KK (including Affiliates).
4.1 Personal Information.
We, and/or KK, use the Personal Information we collect from you in a variety of ways, including:
4.2. Other Information Collected by Us.
We, and/or KK, use the Other Information we collect from you in a variety of ways, including:
4.3. Other Information Collected by Third Party Service Providers and Advertisers.
The use of Tracking Technologies by Third Party Service Providers and Advertisers is within their control and not ours. Even if we have a relationship with the Third Party Service Provider or Advertiser, we do not control their websites, applications or other interactive services or their policies and practices regarding your Information and you should be aware that different rules might apply to the collection, use or disclosure of your Information by third parties in connection with their advertisements or promotions and other sites, applications or other interactive services you encounter on the Internet. This Privacy Policy does not cover any use of Information that a Third Party Service Provider or Advertiser may directly collect from you.Use of Third Party Service Providers’ and Advertisers’ Tracking Technologies is governed by the Third Party Service Providers’ or Advertisers’, as applicable, own specific privacy policies and not this Privacy Policy. However, please see the “Your Choices” section for more information on how to opt-out of the collection and/or use of Information collected by certain Third Party Service Providers.
5.1. Opting-Out of Certain Uses of Personal Information.
5.1.1 In Connection with Marketing and Promotional Emails and Offers.
You may “opt-out” of receiving marketing and promotional emails from us at any time by using the opt-out mechanism that is contained in each such email. Please note that when you opt-out of receiving marketing and promotional emails from us:
Please note that, if you deactivate your registration as a member of the Site, you shall continue to receive marketing and promotional emails from the Site unless you subsequently exercise your opt-out options above.
5.1.2 In connection with Newsletters and other Editorial-based Emails.
If the Site offers newsletters or other editorial-based emails, you may opt out of receiving any such newsletter emails by using the opt-out mechanism contained in each such newsletter email. Please note that when you opt-out of receiving any or all newsletters and other editorial-based emails from us:
Please note that, if you deactivate your registration as a member of the Site, you shall continue to receive newsletters from the Site unless you subsequently exercise your opt-out options above.
5.1.3 Certain Continuing Rights Regardless of Opt-Outs.
However, even if you exercise your opt-out rights above, we, or KK, may continue to contact you for the other purposes described in the “How Is Collected Information Used” Section above, such as for maintenance and administrative purposes.
5.2 Your Choices with Respect to Tracking Technologies.
5.2.1 Tracking Technologies Set By Third Party Service Providers and Advertisers. Third Party Service Providers and Advertisers may collect Other Information about you when you visit this Site for Customized Advertising to help identify products and services that may interest you and deliver advertising and/or other content tailored to your interests. Your opt-out options regarding these Third Party Service Providers and Advertisers are described below.
5.2.2. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising.
Please note that if you exercise the Ad Choices opt-out above, that only applies to the use of the data for Customized Advertising and we may still use the data for other purposes described in Section 4.2 “How is Collected Information Used” above, such as for video playhead tracking and to optimize your video experience.
5.2.3. More Information on Managing Tracking Technologies. With respect to the Tracking Technologies set by the Site, Third Party Service Providers and Advertisers, please note the following with respect to the above opt-out options:
If your Internet browser is not listed above or you otherwise are having difficulties with the links, you may be able to access controls to:
– Delete existing browser cookies through the “Internet Options”, “Settings”, Preferences”, “Options” or similar menu selection in your browser’s menu or otherwise as directed by your browser’s support feature, which means that all pre-existing browser cookies are deleted but does not prevent browser cookies from being used in the future.
– Disable browser cookies through the same browser controls which means that browser cookies shall not be used in the future but pre-existing browser cookies may not be deleted. Additional information on enabling or disabling browser cookies and other Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Disabling may sometimes be referred to as blocking or opting out of browser cookies and relies on browser cookies to remember your choices. If you delete browser cookies using the controls in your Web browser (as described above) after disabling browser cookies, you may have to disable browser cookies again to re-establish your preferences.
– Choose to have the Device you use to access the Site warn you each time a browser cookie or certain other non-Flash LSO Tracking Technology is being set. (You can later choose to turn-off such warnings.) This may be available through your Internet browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
– Seek additional information from the provider of your Internet browser through your browser’s support features.
The above options may cover browser cookies set by the Site, browser cookies not set by the Site (sometimes called third party cookies) and/or both types of browser cookies. PLEASE NOTE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE OPERATION OF THESE BROWSER COOKIE CONTROLS. ALSO, PLEASE NOTE THAT These browser cookie controls are different from Do Not Track options that may also be offered by certain browsers.
This means that such tools rely on cookies to remember your choices. For example, if you delete Tracking Technologies using the controls in your Web browser after disabling such Tracking Technologies, you may have to disable such Tracking Technologies again to re-establish your preferences and, if you exercise opt-outs through the mechanisms described in our Ad Choices link, and then delete or block browser cookies, you may need to exercise your opt-outs through these mechanisms again.
Note that when you exercise your options using controls for the Internet browser, your choices shall only apply to the specific Internet browser on that Device and not across Devices. This means, for example, that if you block or disable browser cookies for Internet Explorer 9 on one Device, this choice shall not block or disable browser cookies when you use Mozilla Firefox on the same Device or on a different Device using Internet Explorer 9. Further, you may need to separately exercise your options for other platforms, such as mobile platform (as described below).
Control of Flash LSOs (sometimes known as Flash Cookies) Must Be Handled Separately. PLEASE NOTE THAT THE USE AND STORAGE OF FLASH LSOs TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR INTERNET BROWSER. Deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Service Providers and Advertisers and set by this Site through the above options shall not remove Flash LSOs. For more information about Flash LSOs and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html. If you remove Flash LSOs, you may not have access to certain features of the Site and some of our other services may not function properly.
Certain mobile platforms, such as Apple or Google, may offer users choice regarding the Identifiers we, Third Party Service Providers or Advertisers may access and use, which may not be browser cookie based. We encourage you to review and understand the choices that such mobile platforms may provide to you regarding these Identifiers.
Certain Identifiers we set may not be deleted, blocked or disabled using the above opt-out options, but may be affected if such Identifiers rely on, or are associated with, browser cookies or other Tracking Technologies.
Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals.
We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for Customized Advertising purposes and the browser cookie controls and other mechanisms described in this Section 5.2.3 and in Sections 5.2.1 and 5.2.2.
The KK may provide users and visitors with the opportunity to register for Text Services. See our Terms of Use Agreement for more information on Text Services we may offer. If we do so, we will require your prior express consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules and regulations.
When you register for the KK’s Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall the KK be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
We may share your Personal Information with the operational service providers that assist us in delivering Text Services and similar services to you, with KK and as otherwise provided in “Sharing and Disclosure of Information” below.
Please note that you may always send a text message that says “HELP” to receive help on text messaging.
7.1 Sharing and Disclosure of Personal Information.
We may disclose your Personal Information within the KK family or to third parties under the circumstances described below.
7.1.1 Disclosure to KK; Single KK Sign-On.
In addition to disclosing certain Information to KK in connection with Single KK Sign-On, we may disclose Personal Information to KK for marketing, administrative and/or other purposes.
7.1.2 Disclosure of Certain Information in Postings Intended to Be Disclosed.
Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We shall disclose Posting Information in connection with the display of, and other services relating to, such Posting.
7.1.3 Disclosure In Connection with Co-Branded Services and Features.
The Site may also offer services and features, such as events and Promotions, that we put together with another company (“Co-Branded Partner“) and that may be hosted on the Site and/or our Co-Branded Partner’s or a Promotion-specific website, application or other interactive service. The Co-Branded Partner shall be identified on the co-branded feature or service and you shall be given the opportunity to opt into any disclosure by KK to the Co-Branded Partner for marketing purposes of Personal Information KK collects as part of the co-branded service or feature and be provided with a link to the Co-Branded Partner’s privacy policy. If you wish to opt-out of a Co-Branded Partner’s future use of such Personal Information for marketing purposes, you shall need to contact the Co-Branded Partner directly and the use of such information by Co-Branded Partner is subject to Co-Branded Partner’s privacy policy. Please note that your Information may be shared with Co-Branded Partners for purposes of administering or conducting the co-branded services and features (but not for marketing purposes) without a separate opt in (for example, if the Co-Branded Partner is administering a Promotion you have entered, your Information may be shared with the Co-Branded Partner so that the Co-Branded Partner can verify your eligibility and/or contact you if you are a potential winner).
7.1.4 Disclosure to Operational Service Providers.
We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We shall refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Personal Information to operational service providers for the purpose of providing services to us.
7.1.5 Disclosure to Certain Other Third Parties.
In addition to the above, we make your Personal Information available to certain third parties in the following limited circumstances:
7.2 Sharing and Disclosure of Other Information.
We may share Other Information with, or otherwise disclose Other Information to, third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy. For example, we may share with third parties a string of numbers, letters, and/or symbols that replaces your identifying information (for example, your email address). This string of characters does not itself identify you. Those third parties may use that Other Information according to their privacy policies, for purposes such as serving you with more relevant ads.
8.1 Site Registration. If you registered for this Site, generally, you may review, update or delete certain Information collected by the Site by, if you are a registered user of the Site, logging into the Site and using the tools provided to edit such Information. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We shall allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current.
8.2 Single KK Sign-On. If you used Single KK Sign-On to register for this Site, you may also exercise certain privacy settings options by logging into the Site and accessing certain privacy settings that may be offered by the Site. Such privacy setting options may include offering you the ability to manage your profile, limiting how much of your Information is displayed or published to third party sites, setting your profile to private so that some or all of your complete profile is only visible to certain relationships (although certain profile information may always be required to be visible), controlling other display and privacy settings (such as how your profile appears in search results and who may send you email messages) and deleting comments posted to your profile.
8.3 Other Options. As a registered user, you may also be provided with options to receive certain notifications and to publicly publish activities you engage in within the Site. See also Section 10 of the Terms of Use for how registered users of this Site who are California residents and are under 18 years of age may request removal of content or Information in Postings.
8.4 Limitations.
Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and shall not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we shall provide to you an explanation of why access cannot be provided and contact information for further inquiries.
8.5 Children or Ineligible Teenagers.
If we, or KK, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of the Site or certain features of this Site (“Ineligible Teenagers”), the child or Ineligible Teenager, or parent or legal guardian of the child or Ineligible Teenager (the “Parent”), may unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a Parent of a minor (a person under the age of 18, or the age of majority in your state).
In addition, Parents who wish to terminate their child’s or Ineligible Teenager’s membership must either (i) use their child’s or Ineligible Teenager’s User ID to gain direct access to the account, and follow the procedures in the “Deactivation/Termination of Your Registration or Use” Section of the Terms of Use Agreement to terminate their child’s or Ineligible Teenager’s membership or (ii) send an email to info@kinetickoncepts.com and provide us with your child’s or Ineligible Teenager’s User ID, the URL of the Site and request to terminate your child’s or Ineligible Teenager’s account and registration or (iii), if a Parent does not have his or her child’s or Ineligible Teenager’s User ID, send an email to info@kinetickoncepts.com that includes the Parent’s name, address, telephone and email address, the child’s or Ineligible Teenager’s name and/or email address as registered on the Site, and the URL of the Site. If a Parent sends an email under subsections (ii) or (iii), the Site may send a confirming email to the Parent via the email address provided to verify that the Parent wishes to terminate his or her child’s or Ineligible Teenager’s account and registration and may provide or request additional information (for example, requesting that the Parent provide verifiable identification that they are the parent or legal guardian of the child or Ineligible Teenager) before terminating the child’s or Ineligible Teenager’s account and, upon or prior to termination, may notify the child or Ineligible Teenager of the termination request via email and identify the name, address and email address of the person making the request.
While the Internet and data transmission over the Internet is not 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions, private communications or Information. While the Internet and data transmission over the Internet is not 100% secure from intrusion, we conduct financial transactions via secured transmissions. We also limit our employees’ access to Information collected by the Site to those individuals who are authorized for the proper handling of such Information and any employee found violating our standards of security and confidentiality shall be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
Phishing.
Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ emails to lead consumers to counterfeit websites, or otherwise respond in a manner that is, designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at info@kinetickoncepts.com, and then immediately delete the fraudulent email from your computer.
If you are a resident of the State of California, we provide you with notice and you may choose to disclose your Personal Information to third parties (such as Advertisers) for marketing purposes (see “Sharing and Disclosure of Personal Information” above). Therefore, pursuant to the California Civil Code, the notice and choice we provide regarding disclosure of your Personal Information to third parties for marketing purposes (and this Section) satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes.
If you are a California resident and have additional questions on our sharing of your Personal Information with third parties for marketing purposes, you may send us your questions by email to the Privacy Administrator at info@kinetickoncepts.com.
All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide complete information.
We reserve the right to revise this Privacy Policy at any time for any reason in our sole discretion by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting and if you use the Site after they become effective it will signify your agreement to be bound by the changes. We shall post or display notices of material changes on the Site’s homepage and/or otherwise on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates.
12.1 Accuracy and Confidentiality.
It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and shall not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We shall reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who may access and use your Personal Information or for what purposes. The Site and KK are in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues shall be available publicly, even without your knowledge or authorization. We reserve the right, in our sole discretion, to set certain limits on the availability of some or all features within our Communities. If you use Single KK Sign-On or SMN, your profile may display Information to the general public, including display name, profile URL and your member relationships, unless and if Single KK Sign-On or SMN allows you to make such Information private. Publicly displayed Information and Postings may be indexed by third party search engines and appear in search results on third party websites.
12.2 Questions.
If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by sending an email to info@kinetickoncepts.com. For all requests, please include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service, indicate your preference on how our response to your request should be sent (email or postal mail) and include the description “Privacy Request” in the subject of the email. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
12.3 Sole Statement.
This document is the sole statement of the Site’s Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.
12.4 Other.
Please review our Terms of Use Agreement which governs your use of the Site. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement.
This Privacy Policy was last modified on August 10, 2017, and is effective immediately.
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