Effective Date: 4/11/22

1. INTRODUCTION

Kai Bands LLC (“Company,” “us,” or “we”) respects the privacy of the visitors to the Kai Bands website, www.kaibands.com, (“Website” or “Site”). This Privacy Policy (“Privacy Policy” or “Policy”) applies to our Website and any other associated webpages. This Privacy Policy is an agreement between us and the user of the Website (“you”). This Policy explains what information we collect from you, how we might use it, how you can review or change the Personal Information you provided to us, how we may change this Policy, and the steps we take to ensure that your Personal Information is protected. This site is published and maintained on behalf of the Company with offices located at 8340 Vickers Street, Suite E, San Diego, CA 92111. Capitalized terms used but not defined in this Privacy Policy have the definitions provided in our Terms of Use (“Terms”), posted at Terms of use

This Policy applies to information we collect through any medium, including, but not limited to, information:

• On the Site;
• In email, text, and other electronic messages between you and the Site;
• Through mobile and desktop applications you download from the Site, which provides dedicated non-browser-based interaction between you and the Site;
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other site operated by Company or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries) through any application or content (including advertising) that may link or be accessible from or on the Site.

2. AGREEMENT TO TERMS OF PRIVACY POLICY

All activities in which you may engage on or through the Services are voluntary. You are not required to provide any Personal Information to us unless you choose to access the Services and/or the features of the Services that require your Personal Information. If you do not agree with the terms of this Policy or other Terms for the Services, then you should immediately discontinue using the Services. If you do not agree with our Privacy Policy and/or our Terms, please do not provide us with any Personal Information. BY USING THE SERVICES, YOU SIGNIFY THAT YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

This Privacy Policy is effective as of the date set forth above and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are made available through the Services or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it. Your continued use of the Services after we post any such modifications will be deemed to be an acceptance of the terms of the modified Policy. Therefore, you should check this Policy periodically as its terms may change from time to time.

4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

The Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through the Services. This Privacy Policy does not apply to any information we may collect from you in any place other than the Services.

5. PERSONAL INFORMATION WE MAY COLLECT

We may ask you for certain information referred to as “Personal Information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, telephone number, or credit card or debit card number information. You may be required to provide Personal Information to access or use certain parts of our Services. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Services where such information is requested. The Services may also collect information about you but does not individually identify you.

6. GENERAL INFORMATION WE MAY COLLECT

There may be other instances in which we collect information from you that is more general in nature but does not individually identify you (“General Information”). Such information may include your Internet Protocol (IP) address. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such General Information and cookies (as mentioned below) may be collected from you whenever you access the Services, whether or not you provide us with any Personal Information.

6.1. Cookies

A cookie is a small string of information that the Website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Website and that information helps us to understand your preferences and improve your Website experience. We may also use cookies to gather information about your visits to our Website and enhance your experience. Cookies are also used to collect general usage and volume statistical information that does not include personal data.

Cookies are also used for such activities as remembering your username and password, if you choose to use such a feature of this Services. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options, you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Services you visit and you may lose access to some of its features.

6.2 Clear GIF’s

We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

6.3 How We Respond to “Do Not Track” Disclosures

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. We are strongly committed to not sharing non-public information with third parties. Under this Privacy Policy, we may share your information only under particular situations, as described in this Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser's “do not track” signal.

6.4 Geolocation

We may utilize geolocation (identifying your geographical location by means of digital information that is processed through the internet) to track visitors to our Website. Geolocation is used to track the number of visitors to our Website, which may be accessible by third parties and for marketing purposes.

7. GENERAL INFORMATION YOU PROVIDE US

There are instances in which you will provide information to us and the information we collect on or through our Services as a result may include:

• Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service posting material or requesting further services. We may also ask for your information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
• Records and copies of your correspondence (including email addresses) if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Site and of the fulfillment of your orders.
• You may be required to provide financial information before placing an order through our Site.
• Your search queries on the Site.

You also may provide information to be published or displayed on public areas of the Services, or transmitted to other users of the Services or third parties (collectively “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

8. HOW WE USE YOUR GENERAL INFORMATION

We may primarily use the Personal Information you provide and any General Information we receive from you to provide products and services to you, including, but not limited to, the following:

• To administer a content promotion survey on the Services and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest).
• To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of Company or its licensees or selected commercial partners. We send you this only if you have single-opted-in to receive e-mails from us. A single-opt-in occurs when you submit your email address to register for our Website and subscribe to any related mailings. If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or you want your personal data to be deleted from our database, see Sections 10 and 16.
• To analyze visits to the Services and learn about the interests of our visitors in the aggregate.
• To understand your interests and needs on a personal level better, so that we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.

9. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

We implement and maintain appropriate security measures that comply with applicable laws in order to protect both the Personal Information and the General Information that we receive from you through our Website. Please keep in mind, however, that whenever you give out, or have Personal Information collected online there is a risk that third parties may intercept and use that information. While the Services strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose online. Except as otherwise set forth in this Policy or required by applicable law, we disclaim any responsibility for the theft, destruction, or inadvertent disclosure of such Personal Information, and by using the Services, you expressly acknowledge and agree that we do not guarantee or warrant the security of any data provided to or received by us through the Services and that any Personal Information, General Information, or other data or information received from you through the Services is provided to us at your own risk, which you expressly assume.

10. RIGHT TO OPT IN AND OPT OUT

You have the right to “opt in” and “opt out” of certain of our uses of your Personal Information, including by contacting us at info@kaibands.com or by submitting a request in writing to Kai Bands LLC, located at 8340 Vickers Street, Suite E, San Diego, CA 92111 Attn: Compliance Department. At the time you are requested to provide Personal Information on the Site, you will have the opportunity to elect to, or decline to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. You may also make this request by sending an e-mail to info@kaibands.com. Users may opt not to receive our electronic newsletters or those of third parties when providing Personal Information. Users who opt in may remove themselves from mailing lists at any time through the account-management pages or by following the instructions at the end of the e-mail they received from us. If you opt not to provide certain Personal Information when registering for or using our Services, however, you may not be able to use some of our services such as message boards.

Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.

11. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED

11.1. Registration Declined

The Website intends only persons who are 18 years or older to use this Website. Personal Information provided by a person under the age of 18 and submitted for registration purposes will not be accepted. Any General Information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Policy (see Section 6). We are committed to protecting the privacy of children and have no intention of collecting personal data from children under the age of 18. We strongly encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.

11.2. Notice Concerning Children

PLEASE NOTE: We are a general audience Site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we are given notice or have reason to suspect that a Site user is under age 13, we will delete any Personal Information in that user’s account.

12. THIRD PARTIES

12.1. Sharing Information With Persons or Entities Who Manage This Website

Our global and local Websites and the Personal Information and General Information collected are managed and controlled by Kai Bands LLC, located at 8340 Vickers Street, Suite E, San Diego, CA 92111. The servers that make the Company’s global and local Websites available are located in San Diego, CA. If you are located outside San Diego, please note that the information you provide will be transferred to us, and by submitting the information you authorize this transfer. We have entered into an agreement with the hosting company in location to provide safeguards for the protection of your data that are consistent with this Policy.

12.2. Disclosing Information to Third Parties

Other than to the companies belonging to, or affiliated with us for the purposes set out above, and except as described in this Policy, we do not sell, trade, or otherwise transfer your Personal Information or General Information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners, and other third parties (collectively, “Service Partners”). Our Service Partners may use your Personal Information to operate portions of the Services and to deliver their services. For example, your data may be transferred to the Website hosting partners and other parties who assist us in designing and operating the Website, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our Service Partners to adopt and post privacy policies. However, the use of your Personal Information by our Service Partners is governed by the privacy policies of those Service Partners and is not subject to our control. Please also see Section 6.3 on how we will respond to “do not track” signals.

12.3. Security

We may release Personal or General Information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose Personal or General Information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data or Personal Information for security purposes, as described in this Policy to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

12.4. Links to Third Parties

For your convenience and to improve the usage of the Services we may insert links to other websites, mobile applications, or services (“Third Party Sites”) on the Services. These Third Party Sites take you outside our services and are beyond our control. These Third Party Sites include links from partners that may use our logos as part of a co-branding agreement. This Privacy Policy does not apply to such third party Websites. These Third Party Sites have their own separate privacy policy and although we seek to protect the integrity of our Websites, the Company is not liable for the content and activities of those Third Party Sites. We encourage you to carefully read the privacy policies of any Third Party Site you visit, as it may differ substantially from that of this Policy. Your visits and access to such Third Party Sites is at your own risk. Please note that those Third Party Sites may send their own cookies to users, collect data, or solicit Personal Information.

 

13. DELETING OR MODIFYING PERSONAL INFORMATION

You may cancel your Account or any associated registration information at any time, and you may opt out of receiving any e-mails us. Additionally, you can choose to have all your Personal Information deleted from our database. You may opt out or delete your Personal Information and unsubscribe from our marketing materials, by clicking the ‘unsubscribe’ link located on our marketing e-mails and following the instructions provided. We encourage you promptly to update your Personal Information when it changes or utilize the ‘unsubscribe’ link to discontinue receiving marketing information from us.

14. YOUR CALIFORNIA PRIVACY RIGHTS

14.1 California Shine The Light Law

California Civil Code Section 1798.83 permits users who are California residents to request and obtain from us once a year, free of charge, a list of all third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the immediately prior calendar year. To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident, and provide a current California address for our response. You may make this request in writing at:

Kai Bands Customer Service

8340 Vickers Street, Suite E

San Diego, Ca 92111

Attn: Customer Service

Or email: info@kaibands.com

Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.

14.2 CCPA

This Privacy Policy is intended to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section 14. Parts of the Terms affect this Privacy Policy, so please review the Terms prior to using the Services.

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

We may from time to time collect the following categories of “personal information” (as defined by the California Consumer Privacy Act) about you: name, address, phone number, email, IP address, geolocation, purchase history, unique personal identifier, browser type, operating system, information about your use of the Site, demographic information (including employment-related information) for the purposes of processing orders and administering your account, responding to customer service requests, and to better understand your needs and interests and improve marketing and promotional efforts of our products and services.  We do not sell your personal information. We may from time to time elect to share personal information about you with third party vendors to perform certain functions on our behalf.

In particular, we have collected the following categories of personal information from users in the last 12 months. We obtain these categories of personal information with the methods described in more detail below.

Category	Examples	Is Any of This Information Collected?
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Note: Some personal information included in this category may overlap with other categories.	No
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	No
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No
I. Professional or employment-related information.	Current or past job history or performance evaluations.	No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.

Additionally, the following types of personal information are excluded from the CCPA’s scope:

• Certain health or medical information otherwise covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

 

In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose as further described above:

• Category _A, D, and F_

We disclose your personal information for these business purposes to the following categories of third parties:

• Hosting partners.
• Affiliated persons, partners, or third-party service providers, assisting us in the operation, management, improvement, research, and analysis of the Website and execution of services including prize fulfillment.

California residents may request the personal information collected or shared by Company, and/or request that their personal information be deleted. We will not discriminate against California consumers for exercising their CCPA rights. California residents may request disclosure and/or deletion of personal information by filling out and submitting a request via our CCPA Request Form or calling (858) 232-4945.

Only you may make a consumer request related to your personal information. You may also make a consumer request on behalf of your minor child.

Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or are an authorized representative. You may only make a consumer request for disclosure twice within a 12 month period.

15. EU CITIZENS; GENERAL DATA PROTECTION REGULATIONS (GDPR) ADDENDUM

Citizens of the European Union who are subject to GDPR can find more information by visiting the following link: https://kaibands.com/pages/gdpr

16. QUESTIONS OR COMMENTS

If you have any questions or comments relating to our Website or the Privacy Policy, send an e-mail to info@Kaibands.com or write Kai Bands LLC, 8340 Vickers Street, Suite E, San Diego, CA 92111, Attn: Customer Service.