Last updated: February 10, 2020
Your privacy and the security of your personal data is enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data, as well as outline the controls and choices you have around when and how you choose to share your personal data.
- WHO THIS POLICY APPLIES TO AND WHAT IT COVERS. This Policy applies to Users who use the Services. Our Services are not in any way intended for use by persons under the age of 18. Within our Services, there may be links to third-party websites or applications. We are not responsible for the content or privacy compliance of third party websites or applications.
- INFORMATION WE COLLECT FROM YOU THROUGH YOUR USE OF THE SITE.
2.1 Use of Our Service. When you use our service, you affirmatively consent to Company’s Terms of Service and this Policy. You may provide us with additional information by filling in forms on the Site or by corresponding with us by phone, text, email, live chat, social media, or otherwise. When you write an E-mail to Us, we may collect the following information from you:
- Contact information such as your address, email address and phone number;
- Birth date;
- Device information, such as information about your device, such as IP address, location or provider;
- Demographics information such as your location; and
- Any other information that you provide us
We automatically collect information about how you use our services, for example, pages you have viewed. We may also collect certain technical information about your device including your Internet protocol address, geo-location information, your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, device identifiers, and your device operating system type and version.
- HOW WE USE YOUR INFORMATION
3.1 Use of Information. We may use your information to:
- Identify you as a user in our system;
- Provide, personalize, and improve the Services;
- Communicate with you about your use of the Services;
- Develop new products and services;
- Customize your advertising experience and recommend content;
- Fulfill your requests and transactions;
- Identify your product and service preferences so that you can be informed of new or additional products or services
- Send newsletters, special offers, or promotional materials related to the Services and for other marketing purposes of Company using your contact information;
- Protect, investigate, and prevent potentially fraudulent, unauthorized, or illegal activities;
- Protect our rights and the rights of other users; and
- As otherwise described in this Policy or in notices we provided to you.
We may also use your information to verify your geographic location. We may use your geographic location data to personalize our Service, to recommend content, determine whether the information you have requested is available in your location. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Company may use it for any business purpose.
We may use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving our Service, and developing new features and functionality within our Service.
Company may also process information that constitutes your personal information for direct marketing purposes, and you have the right to object to Company’s use of your personal information for this purpose at any time.
3.2 How We Disclose Your Information
We may share your information as follows:
- We may share your personal information with your consent or at your direction.
- We may also share your personal information with others who perform services on our behalf, including third parties and our affiliates.
- We may share your information with third-party service providers to fulfill your requests, including product order and reservation requests.
- We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.
- We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect Company and our Services; or any rights, property, or personal safety of Company or others.
- In the event that Company is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction as part of our Company’s asset. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset.
We may also share aggregated and anonymized data with our partners, advertisers, and other third parties.
3.3 Data Security
Company takes commercially reasonable steps to help protect your information against loss, misuse, and unauthorized access, or disclosure. However, no company can fully prevent security risks and while we strive to protect your personal information, we cannot guarantee its absolute security.
3.4. Data Retention. We retain your personal information for as long as necessary to provide the Services and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements.
- INFORMATION CHOICES
If you opt out of receiving marketing/promotional emails, we may still send you non-promotional emails, such as emails about our ongoing business relations. You may also send requests about your personal information, including changes to your contact preferences, and changes to or deletions of your information by emailing info@K9candykitchen.com.
You may decline to share certain data with Company, in which case we may not be able to provide you with some of the features and functionality of the Site or Service. You may have the right to know what personal information Company has about you and to correct any inaccuracies. Please direct any such requests by email to info@K9candykitchen.com.
From time to time, we may revise our Policy. To help you stay current of any changes, we note the date the Policy was last updated above. You understand that it is your sole responsibility and agree to review the Policy periodically so that you are aware of any modifications. Continued use of the Site or Services following notice of such changes shall indicate your acknowledgement of such changes and affirmative agreement to be bound by the terms and conditions of such changes.
- ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
6.1 Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. Arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person within the County of Los Angeles, California or at another mutually agreed location.
6.2 Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.
6.3 Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
6.4 Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
6.5 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@K9candykitchen.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 8 below.
6.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
6.7 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in the Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
We do not collet your personal information except when such personal information is provided to us on a voluntary basis. This website contains links to other Internet websites, and this Policy does NOT extend to any website other than this Site.
8 CONTACT INFORMATION
Please contact us with any questions or comments about this Policy, your information, our third-party disclosure practices, or your consent choices.
Address: 11133 Parkland Dr.,
Truckee CA 96161
Attention: VSC Support Team
Please check back periodically for updates.