Privacy
This privacy policy ("Privacy Policy") is intended to inform you about how KIMSOKO Inc., a Pennsylvania limited liability company located at 11 Pine Rd, Wilkes-Barre, PA 18705 (collectively, "KIMSOKO", "we", "our", or "us"), collect and use the information collected through www.kimsoko.com, and any website owned or controlled by KIMSOKO (each the "Website(s)").
Those with disabilities may also access this Privacy Policy in an alternative text-based format, such as HTML, RTF, or PDF by leveraging our ADA application embedded within this site.
BY USING THE WEBSITE OR SUBMITTING INFORMATION IN OUR STORE(S), YOU ACKNOWLEDGE YOU HAVE READ THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND UNDERSTAND OUR PROCESSING OF PERSONAL INFORMATION AS DESCRIBED HEREIN.
If you are in the European Union (“EU”), the SIA subsidiary or affiliate who owns and operates the website that you are visiting will be the data controller responsible for the collection and use of your Personal Information (as defined below). If you have a query or question about how your Personal Information is being used, you can contact the party responsible for your data (i.e., the data controller) through the contact details provided at the bottom of this Privacy Policy.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against KIMSOKO on an individual basis. EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
This Privacy Policy explains the following:
- How Does the Website Work?
- How Can this Privacy Policy be Modified?
- What Type of Information Does KIMSOKO Collect?
- How Do We Use Information We Collect on the Website and Why?
- Under What Circumstances May We Disclose or Share Information?
- Legal Bases of Our Collection and Processing
- What Happens if KIMSOKO Assets are Assigned?
- Your Rights; Do We Permit Individuals to Opt-Out of Receiving Communications from KIMSOKO?
- Do You Have the Ability not to be Identified by KIMSOKO?
- Notice of Public Posting Areas
- How Do We Store and Safeguard Information?
- How We Use Cookies, Similar Technologies, and Third Party Advertisers
- Does KIMSOKO Provide Links to Other Websites?
- What are our Policies Regarding Children?
- Do We have Mechanisms in Place to Permit Access, Removal, and Complaints Regarding Information That We Collect?
- Consent to Transfer
- Dispute Resolution
- Choice of Law
- YOUR CALIFORNIA PRIVACY RIGHTS
- Contact Us
How Does the Website Work?
The Website enables anonymous visitors ("Visitors") to browse the Website, and Visitors who register with the Website ("Registrants") as described in Terms & Conditions of Use, to purchase products through the Website more quickly and otherwise save your information with KIMSOKO. The terms "you", "your" and "yours" when used herein refer to either Registrants or Visitors or to both Registrants and Visitors collectively, as applicable, provided, that such terms will refer collectively to both Registrants and Visitors unless the context of this Privacy Policy indicates otherwise.
Your use of the Website is also expressly subject to our Terms & Conditions of Use. We also provide a link to this Privacy Policy in the Terms & Conditions of Use.
How Can this Privacy Policy be Modified?
We reserve the right to change, modify, alter or otherwise update how we handle the information we collect and process, and to modify this Privacy Policy, at any time. We encourage you to review this Privacy Policy periodically to be aware of any such modifications. We will indicate that changes to the Privacy Policy have been made by updating the date indicated after "Last Updated" at the beginning of the Privacy Policy. We will be happy to provide you with prior versions of this Privacy Policy upon your written request to us. If you do not agree to abide by the initial version or any modified version of this Privacy Policy, then you are not authorized to use the Website and you should not submit any of your information to us. If we make material changes to this Privacy Policy, we will provide you with additional notice of such changes. The current version of the Privacy Policy is accessible via the footer of the Website's homepage.
What Type of Information Does KIMSOKO Collect?
We collect the following information through the Website.
Personal Information
"Personal Information" is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, address, telephone number, or email address. KIMSOKO collects and stores the Personal Information that you have provided to us. Here are some examples of manners in which we may collect your Personal Information:
- We may collect your first and last name, date of birth, and email address if you register with the Website;
- We may collect your first and last name, date of birth, email address, and country of residence if you sign up to receive online newsletters;
- We may collect your name, address, month of birth, phone number, and email address if you complete a Dialogue Card in one of our stores;
- We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes; and
- We may collect your first and last name, telephone number, address, and your credit card and billing information if you make a purchase of a product.
- We may collect your first and last name, telephone number, address, email address, social media information, and any other Personal Information that you voluntarily submit to us if you apply for a job opening on our Website.
- Internet Protocol (IP) address – Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Website to the interests of our users and to measure traffic within our Website.
- Cookie – A “cookie” is a small text file that may be used to collect information about your activity on the Website. For example, when someone visits a page within the Website, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Website previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Website.
- Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) – “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Website and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.
- Demographic Information – “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Website.
- Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, and Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our and others’ websites. We use the data collected for optimizing marketing, refining advertising and/or programming strategies, and generally making advertising more effective. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: https://tools.google.com/dlpage/gaoptout/
We may tie Non-Personal Information (see below) with Personal Information in order to provide you with better recommendations, to help authenticate you or other data or information that you may provide, to prevent fraud, and to ensure that the Website meets your needs. When we tie Non-Personal Information with Personal Information, it is considered “Personal Information” for the purposes of this Privacy Policy, and we will use and share this combined data in the ways described herein.
This information is collected directly from you, as well as through third parties that you have authorized to provide such Personal Information, and, where permitted by local law, through publicly accessible sources such as social media. We also may obtain, collect and aggregate information (including Personal Information) from other sources, such as data brokers, marketing service providers, vendors, and other third parties .
For your reference, we have provided a chart of the categories of Personal Information we may have collected about you in the past 12 months, along with the respective source(s), purpose(s), and any disclosure to third parties per each category.
CATEGORY OF PERSONAL INFORMATION:
Identifiers, such as your first and last name, date of birth, country of residence, phone number, and email address
SOURCE(S):
Directly from you
PURPOSE(S):
To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry, to process an employment application, process your order, or provide special offers
For marketing purposes
DISCLOSURE TO THIRD PARTIES:
Disclosure for business purposes to: payment processors
Disclosure for administrative purposes to: third party service providers, such as background check providers in the event of an employment application, order fulfillment service providers, third party customer service providers
Disclosure for security purposes to: card authorization and fraud screening services
Disclosure for marketing purposes or to administer promotions: affiliates, strategic partners, agents, third party marketers
CATEGORY OF PERSONAL INFORMATION:
Credit card and billing information
SOURCE(S):
Directly from you
PURPOSE(S):
To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry or process your order
DISCLOSURE TO THIRD PARTIES:
Disclosure for business purposes to: payment processors
Disclosure for administrative purposes to: third party service providers, such as order fulfillment service providers, third party customer service providers
Disclosure for security purposes to: card authorization and fraud screening services
CATEGORY OF PERSONAL INFORMATION:
Internet Protocol address, cookies, web beacons
SOURCE(S):
Indirectly from you
PURPOSE(S):
To fulfill or meet the reason you provided the information, e.g., to deliver our webpages to you upon request
To improve our services, e.g., to tailor our Website to the interests of our users, measure traffic within our Website
For marketing purposes
DISCLOSURE TO THIRD PARTIES:
Disclosure for security purposes to: fraud screening services
Disclosure for marketing purposes to: affiliates, strategic partners, agents, third party marketers
CATEGORY OF PERSONAL INFORMATION:
Demographic information, such as gender, age, zip code, and interests
SOURCE(S):
Directly from you
PURPOSE(S):
To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry
For marketing purposes
DISCLOSURE TO THIRD PARTIES:
Disclosure for administrative purposes to: background check providers in the event of an employment application
CATEGORY OF PERSONAL INFORMATION:
Professional or employment related information
SOURCE(S):
Directly from you
PURPOSE(S):
To fulfill the reason you provided the information, e.g., to respond to an employment application
DISCLOSURE TO THIRD PARTIES:
Disclosure for administrative purposes to: recruiters, background check providers
Non-Personal Information
"Non-Personal Information" can be technical information or it can be aggregated demographic information, such as your age, gender or interests. Non-Personal Information does NOT identify you personally. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Website meets your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be Non-Personal Information.
How Do We Use Information We Collect on the Website and Why?
Personal Information
We use Personal Information primarily for the following purposes:
- To alert you to special offers, updated information and other new products or items from KIMSOKO, or other third parties, or to forward promotional materials;
- To complete a transaction or service requested by you;
- To fulfill the terms of a promotion;
- To ensure the Website and our services are relevant to your needs;
- To help us create and publish content most relevant to you;
- To notify you about a material change to this Privacy Policy, if necessary;
- To allow you access to limited-entry areas of the Website;
- To contact you in response to your request;
- In other manners as disclosed to you at the time of collection;
- To perform our obligations under a contract with you; and
- For certain automated decision-making activities, including serving online advertising, and/or generating a personality profile for you. For example, we engage in profiling based on your online browsing behavior, purchasing history, the information you provide us and other third parties. This means that we analyze all of this data to create a profile about your interests so we can tailor our marketing to you and deliver specific ads targeted to you. This means that you may not see certain ads that our algorithm deems irrelevant to you; conversely, you will receive ads that are based on the profile we have created about you. If the data we receive, have collected, or you have provided to us is inaccurate, this may affect the relevance of the ads that you receive and products/content you are served on the Website. Details of the Personal Information we collect, how it is used, and how you may opt out of any automated decision-making is explained below . For those in the EU, we will obtain your consent for profiling related to our marketing to you.
Non-Personal Information
Non-Personal Information is used as described above and in other ways as permitted by applicable laws, including combining Non-Personal Information with Personal Information.
Under What Circumstances May We Disclose or Share Information?
We may share or disclose your Personal Information in the following instances:
- To complete your purchase. If you choose to make a purchase, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties such as payment card processing companies as necessary to complete your purchase.
- To provide you with additional customer service. For example, if you ask us to provide you with additional information or to compare your purchased items with items available elsewhere, we may share your Personal Information with order fulfillment service providers in order to confirm your purchase and fulfill your request. In addition, if you email us a question, we may use your email address to process your request and respond to your question and we may use a third party customer service provider to help with customer service.
- To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Website and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on KIMSOKO’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the Personal Information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers will have access to users’ Personal Information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any Personal Information to us. Personal Information may be shared with unaffiliated third-party services providers as follows:
- To administer promotions. If you are entering a sweepstakes or contest, we may use your Personal Information in order to fulfill the terms of that promotion. This means that we may share the information with third parties for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
- To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of KIMSOKO, our Visitors or Registrants, or act in urgent circumstances to protect the personal safety of our end users.
- To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
- To track and analyze non-identifying and aggregate usage and volume statistical information from our Visitors, Registrants and Customers and provide such information to third parties.
- To enforce the Terms & Conditions of Use or to protect against potential fraud, we may verify with third parties the information collected. In the course of such verification, we may receive Personal Information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen. These card authorization and fraud screening services may use your Personal Information for their own purpose (i.e., beyond verifying your information or screening your transaction), including for analytics and to improve their fraud screening tools and services.
Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your Personal Information to any third parties.
Non-Personal Information
We use Non-Personal Information collected on the Website in the manner disclosed above. We may share this Non-Personal Information with third parties.
Legal Bases of Our Collection and Processing
We only collect or process your data based on the following legal bases:
- Where the processing of your Personal Information is in our legitimate interests (such as to improve our products and services and the content of our websites, prevent fraud, and for administrative purposes as described in this Privacy Policy);
- When we perform our obligations under a contract with you (for example, if you are a consumer we will use your Personal Information to carry out our obligations under the contract that we have with you);
- When we have a legal obligation to do so (for example, to comply with the law or respond to legal process or lawful requests, including from law enforcement and government agencies); or
- When we have your consent to use your Personal Information.
What Happens if KIMSOKO Assets are Assigned?
Our rights under this Privacy Policy may be automatically assigned by KIMSOKO, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your Personal Information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the Personal Information we have collected from you may be one of the assets transferred.
Your Rights; Do We Permit Individuals to Opt-Out of Receiving Communications from KIMSOKO?
Yes. We provide you the opportunity to exercise an opt-out choice if you do not want to receive promotional communications from us, such as emails or updates from us regarding new services and products offered or if you do not want us to share your Personal Information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box or link, if such checkbox or unsubscribe link is available at the points where Personal Information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.
That said, please note that we also communicate with Registrants and other Visitors on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, you cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
Depending on whether you are located in the EU, you may have the right to request access to, rectification of, or erasure of your Personal Information; to restrict or object to our processing of your Personal Information (including objection to automated processing); to receive an electronic copy of your Personal Information, if you would like such a copy for yourself, and to data portability. Where our processing of your information is based on your consent, you may have the right to withdraw your consent by contacting us by email at info@kimsoko.com. Your withdrawal of consent will not affect the lawfulness of our processing of your Personal Information based on your consent prior to your withdrawal. Where appropriate, you may also have the right to lodge a complaint with your local data protection authority.
Your Rights regarding SMS and/or text messages
You may elect to receive text messages from us in the United States (only available to US registered mobile telephone numbers). When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.For more information about text messages, see our Terms and Conditions.
Do You Have the Ability not to be Identified by KIMSOKO on its Website?
Yes. If you do not wish to be identified by us, you can set your browser to warn you before accepting cookies and refuse cookies when your browser alerts you to their presence. You can also adjust the settings in your browser to refuse all cookies. If you do not want us to have any of your Personal Information, please do not submit any of your Personal Information to us. Please keep in mind that if you refuse cookies, you may not be able to use certain Website functionality.
Notice of Public Posting Areas
Please note that any information you include in a message you post to any blog or other public posting area is available to anyone with Internet access. If you do not want people to know your email address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN BLOGS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN BLOGS AND OTHER PUBLIC POSTING AREAS.
How Do We Store and Safeguard Information?
KIMSOKO takes steps consistent with commercially reasonable industry standards to secure Personal Information collected from you from loss, misuse, unauthorized access and destruction while under our control. However, please note that despite our efforts to protect Personal Information and other information provided to us, we cannot guarantee that such information will not be lost, disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
We retain and store your Personal Information only for as long as we have a legitimate business purpose to do so and in accordance with our data retention policies or as required by applicable law, and then we will delete it.
How We Use Cookies, Similar Technologies, and Third Party Advertisers
We and our service providers use cookies, web beacons, and other similar technologies in connection with the Website. The above technologies are used in analyzing trends, administering the Website, services and products, tracking users’ movements around the Website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:
- Essential. Some cookies are essential in order to enable you to move around our website and mobile applications and use their features, such as accessing secure areas of the Services. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
- Browsing and Functionality. We use these cookies to remember choices you make on the Services, such as your preferred language and the country from which you are visiting, and to provide enhanced, more personalized features.
- Performance and Analytics. We use third party cookies to see how you use our Services in order to improve their performance and develop them according to your preferences. In particular, we use mobile analytics tools to better understand the functionality of our mobile applications. These tools may record information about your usage, including how often you use the app, the events that occur within the app, and from where the app was downloaded. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
- First Party Cookies: First-party cookies are hosted on KIMSOKO’s servers. We use cookies to remember users’ settings, market products and services to users, and for authentication purposes. To manage the cookies that are placed on your computer, you may configure your internet browser to refuse, accept or delete cookies from our Website at any time. Some of the cookies we use may be more persistent in nature. These persistent cookies may not be deleted when other cookies are deleted.
- Third Party Cookies: We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on the Website. Depending on the particular advertising services they provide, these third party advertising companies may employ first-party cookies or third-party cookies. Please be advised that such advertising companies may gather information about your visit to the Website or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. We use Google Analytics, for example, to track website usage and activity. You can opt-out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics here.
- Targeting Advertising. We receive audience based data (such as pixel traffic and conversion data) from social media platform providers.
There are several ways to manage cookies. Please check your browser and browser settings to determine where these types of cookies are stored and whether and how they may be deleted. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable most cookies altogether. Please note that if cookies are disabled or removed, not all features of our Website will operate as intended.
If you wish to not have this information collected and used for interest-based advertising, you may opt-out by clicking here for partners that are located in the EU by clicking here for Your online choices. If you wish to opt-out from this type of advertising for companies that participate in the Network Advertising Initiative, please click here to opt out of interest-based advertising. If you wish to opt-out from this type of advertising for companies that participate in the Digital Advertising Alliance (“DAA”), you can do so here for webchoices out of interest-based advertising. Please note that this does not opt you out of being served ads. You will continue to receive generic ads. Please also note that KIMSOKO adheres to the DAA’s Self-Regulatory Principles .
PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
Does KIMSOKO Provide Links to Other Websites?
KIMSOKO may provide links to other websites or resources of possible interest to you. The collection and use of your Personal Information and other information by such websites shall be subject to the policies and procedures of such websites and not those contained in the Privacy Policy. The information collected by our service providers in executing transactions you have requested through the Website (including without limitation credit card settlement companies) is subject to the privacy policies of such third parties.
What are our Policies Regarding Children?
The Website is intended for general use of persons who have reached the age of consent in their jurisdiction of residence, and it is not targeted to anyone under sixteen (16) years of age. KIMSOKO does not knowingly collect Personal Information from anyone under sixteen (16) years of age. If we learn that we have unwittingly collected Personal Information from anyone under sixteen (16) years of age, we will promptly delete such information.
Do we have Mechanisms in Place to Permit Access, Removal, and Complaints Regarding Information That We Collect?
You may access and update your Personal Information by logging into your account on the Website or by contacting KIMSOKO. If you wish to remove Personal Information that you have submitted to KIMSOKO, please send us an email requesting such removal to info@kimsoko.com.
If you have questions or concerns about any of our information collection or handling practices, please contact us at info@kimsoko.com or write to us at KIMSOKO, Attn: Customer service for KIMSOKO.COM 11 Pine Road, Wilkes-Barre PA 18705. California residents have additional rights and should see the section, YOUR CALIFORNIA PRIVACY RIGHTS below.
Consent to Transfer
If you are visiting from the EU or other regions with data protection laws that differ from those of the United States, please be aware that any information you provide to us will be transferred, collected, used, and processed in the United States. In some instances, KIMSOKO may transfer that information to its service providers, affiliates and subsidiaries, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. The United States does not, and these other jurisdictions may not, have the same data protection laws as the EU and may not afford many of the rights conferred upon data subjects in the EU. By using the Website, participating in any of the services, and/or providing us with this information, you acknowledge this transfer, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Privacy Policy. We primarily use Standard Contractual Clauses and/or consent for data transfers from the EEA to countries outside the EEA.
Dispute Resolution
By using the Website, you and KIMSOKO agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Notice shall be sent to:
KIMSOKO, Inc.
11 Pine Road
Pennsylvania, PA 18705
USA
Both you and KIMSOKO agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. WHERE PERMITTED BY APPLICABLE LAW, IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any such
Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable with the exception of disputes related to or involving KIMSOKO’s intellectual property.
Choice of Law
This Privacy Policy has been made in, and shall be governed, construed and enforced in accordance with the laws of the State of Pennsylvania,, without giving effect to any conflict of law principles. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits our Visitors who are California residents to request certain information regarding KIMSOKO’s disclosure of Personal Information to third parties for their direct marketing purposes. Please note, KIMSOKO does not disclose your Personal Information to third parties for their direct marketing purposes at this time.
If you are a California resident, from January 1, 2020 you also have the following rights. To the extent that these rights apply to you, the following rights are provided:
- You have the right to know and request information about the categories and specific pieces of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold or disclosed your Personal Information. You may also request a copy of the Personal Information we have collected.
- You have the right to request information about our sale or disclosure for business purposes of your Personal Information to third parties.
- You have the right to opt out of the sale of your Personal Information to third parties. Please note, we do not sell your Personal Information.
- You have the right to request the deletion of your Personal Information.
- You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the above rights, please contact us using the contact information provided below. If you are using email or the webform to contact us, please select “Data Subject Request” as your subject line, and explicitly state which of the rights, spelled out above, you are exercising in the comment portion of the form. You may also designate an authorized agent registered with the California Secretary of State to make a request on your behalf. The authorized agent must be registered by the California Secretary of State and must have written permission to submit requests on your behalf. Whenever feasible for verification, we will match the identifying information provided by you to the Personal Information already maintained by us. If, however, we cannot verify your identity from the information already maintained by us, we may request additional information.
How We Respond to Do-Not-Track Disclosures
We do not support “Do Not Track” browser settings and do not currently participate in any Do Not Track frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.
Contact Us
If you would like to contact KIMSOKO regarding your Personal Information or any of the content in this Privacy Policy, please reach out to us using the following information:
By email: info@KIMSOKO.com
By mail:
KIMSOKO, Inc.
11 Pine Road
Pennsylvania, PA 18705
USA