PRIVACY POLICY: WhyKind.com website and affiliated social media resources.
Last Updated: June 20, 2020
Purpose of Policy
Kind Creation Labs, a California corporation (“us,” “we,” or the “Company”) is committed to respecting the privacy rights associated with users of the Company’s Internet website located at
http://www.whykind.com (the “Site”). Using the Site located at www.whykind.com (the “Site”) and/or any social media or ancillary services provided in connection with the Site (collectively, the “Service”) entitles you to protection under this Privacy Policy (this “Policy”) to give you confidence as you visit and use the Site and Service, and to demonstrate our commitment to fair information practices, transparency and the protection of privacy. This Policy is only applicable to the Site and Service, and not to any other third party websites that you may be able to access from the Site or Service, each of
which may have data collection and use practices and policies that differ materially from this Policy.
Agreement to Terms of Privacy Policy and Terms of Use
All activities in which you may engage on the Site and Service are voluntary. You are not required to provide any personal information to us unless you choose to access features on the Site and Service that require such information. If you do not agree with the terms of this Policy or our Terms of Use for this Site and Service, then you should not provide us with personal information and immediately exit and discontinue your use of the Site and Service. The Terms of Use of the Site and Service are expressly incorporated herein by reference and are made a part of this Policy. A complete statement of Company’s terms of use can be found elsewhere on this Site. By using the Site, you signify that you agree to the terms of this Policy as well as to our Terms of Use.
Effective Date of and Changes to Privacy Policy
This Policy is effective as of June 20, 2020, 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 posted on the Site. We reserve the right to change this Policy at any time and from time to time in our sole and absolute discretion without the duty to notify you. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Site. You should check this Policy periodically as its terms may change from time to time without prior notice to you. Your continued use of the Site after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this Policy when we post changes to it.
Disclaimers
This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond the Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Policy only applies to information collected through the Site. This Policy does not apply to any information we may collect from you in any place other than the Site.
California Use Only
The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials found on the Site or Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
No Use of the Site by Persons Under 21 Permitted
The Company intends only persons who are 21 years or older to use the Site and any use of the Site by persons under the age of 21 is strictly prohibited. Personal information submitted by a person under the age of 21 will not be accepted. Any general information provided by a person under the age of 21 and gathered (for example, through the use of cookies) during their visit may be used as indicated in this Policy.
Notice Concerning Children
Our Site and Service are intended for mature audiences only, those who are 21 years or older. We do not market any of our content specifically to children. We understand and are committed to respecting the children’s privacy online. If we learn or have reason to suspect that a Site or Service User is under aged, we will promptly delete any personal information in that User’s account.
Information Collection Practices
What Basic Information Does the Company Collect? We may ask you for certain information referred to on the Site or Service 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, state of residence, e-mail address, telephone number, and/or financial data (which may include your credit card or debit card number). You may be required to provide Personal Information to access or use certain parts or features of our Site or Service. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Site or Service where such information is requested.
What Additional Information Does Company Collect?
Automatic Collection. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No Personal Information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
Cookies. From time-to-time, we may use “cookies” features of all major browser applications that serve the larger Internet, which allows us to store a small piece of data on your computer about your User Name and Password and visits to the Site and Service. We do not set any other Personally Identifiable information in our cookies, nor do we employ any data capture mechanisms on the Site other than cookies. Cookies help us learn which areas of the Site are useful to you and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable the cookies function, your experience at the Site may be diminished and some features may not work as you expected or we intended.
Use of Cookies. We may use cookies to deliver content specific to your interests, to save your password, if applicable, so you don’t have to re-enter it each time you visit the Site, or for other purposes. Promotions or advertisements displayed on the Site may contain cookies. We do not have access to or control over information collected by outside advertisers on the Site.
Click Stream Data. When you visit the Site we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you.
Use and Sharing of Information; What Does our Company do with Collected Information? Personal Information. We may use your personal information to verify your identity, to check your qualifications, and to follow up with transactions initiated on the Site. Additionally, we share certain categories of information we collect from you in the ways described in this Policy. We may share demographic data with advertisers and other third parties only in the aggregate (i.e., non-personally-identifiable) basis. We may share contact data and financial data with our business partners who assist us by performing core services (such as hosting or data storage and security) related to our operation of the Site. If you do not want us to share your contact data with any third parties, please let us know or opt out of using our Site and Service. Additionally, we may analyze visits to the Site and learn about the interests of our visitors in the aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
Anonymous Information. We may use anonymous information to analyze the Site traffic, but we do not intend to examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer the Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
Disclosure of Personal Information. We may disclose Personal Information if required to do so by law enforcement, regulatory agencies, or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law, licensing, and regulations, or comply with legal process served on the Company or its affiliates, (2) protect and defend the rights or property of the Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or other Users of the Site.
Sale of Information. In order to dynamic market realities, we may sell portions of our Company or purchase other companies or business assets, including the information collected through the Site. If the Company or substantially all of its assets are acquired; Personal Information related to Site and Service use will be one of the assets transferred to the acquirer.
Access to Information. At this time, we do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database when you expressly request such removal.
Opting Out of Information Sharing
We understand and respect that not all individuals may want to allow us to share their information with other select companies. If you do not want us to share your information, please let us know. Upon receipt of your express written request not to share your information we will remove your name from lists we share with other companies as soon as reasonably practicable. When contacting us requesting an ‘opt out’, please clearly state your request and your name, mailing address, email address, and phone number. Notwithstanding your request, under the following circumstances, we may still be required to share your personal information: If we respond to subpoenas, court orders, regulatory agency requests, or due legal process, or if we need to establish or exercise our legal rights or defend against legal claims. If we believe it is necessary to share such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person also using Site and Service, violations of our Terms of Use or as otherwise required by law. If we believe it is necessary to restrict or inhibit any User from using the Site or Service, including, without limitation, by means of “hacking” or defacing any portion of our Site or Service thereof.
California’s “Do Not Track” Notice.
Do Not Track is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you.
Security
The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you. Please keep in mind, however, that whenever you give out Personal Information online there is a risk that third parties accessing any node on the network or internet service provider traffic unrelated to our Site or Service operations, may be able to intercept and use that information.
While the Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided by you through the Internet, sent to our Site or Service, or received from by us from the Internet, on the Site or Service, and that any personal information, general information, or other data or information originating from you sent through the Internet to the Site or Service is provided to us at your own risk, which you expressly assume.
Third Party Websites
The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as S.B. 27, allows individual customers who have provided their personal information to us to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes. Within thirty (30) days of receiving an express written request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.
Governing Law & Arbitration
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or Service shall be determined by arbitration in the County and City of Santa Cruz, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in
the County and City of Santa Cruz, California. You hereby accept the exclusive jurisdiction of such court for this purpose.
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the site signifies your explicit consent to this waiver.
Contact Us
If you have any questions about the Policy, our practices related to the Site, or if you would like
to have us remove your information from our database, please let us know.