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Privacy Policy and Terms

Privacy Policy and Terms Date: July 21, 2020

This Privacy Policy governs the manner in which Kulkea collects, uses, maintains and discloses information collected from users (each, a "User") of the www.kulkea.com ("Site"). This privacy policy applies to the Site and all applications and services offered by Kulkea. If you do not agree to this Privacy Policy, please do not use this Site.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, place an order, fill out a form, respond to surveys, enter a sweepstakes, subscribe to a newsletter or in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, mailing address, phone number, credit card information.

Users may, however, visit our Site anonymously.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

We use "cookies" to enhance the User experience, to understand, screen and save User preferences for future visits, keep track of advertisements, control the display of ads and compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

Some of the third-party content displayed on our Site is provided by outside companies. This content may contain cookies and web pixels. Unlike cookies and web pixels used by us in the content we control on our Site, we do not have access to information collected from cookies or web pixels received in connection with third-party content. While we use third-parties which we believe are reputable to serve some or all of the content placed within our Site, third-parties may use information (not including personally identifiable information) about your visits to our Site to assist in serving their third-party content to you. They may also share anonymous information with their clients such as date/time of the content shown, the specific content shown, the IP address and other similar information.

Publicly available information

The name Users provide (not their e-mail address) is displayed to other users when they post a comment or product review via our Site. Any comments, product reviews or other information Users post are publicly available. Any comments, product reviews or other information that Users post or submit to the Site may be redistributed through the Internet and other media channels and may be viewed by the general public.

How we use collected information

Kulkea collects and uses Users personal information for the following purposes:

  • To improve customer service
    User information helps us to more effectively respond to User customer service requests and support needs.
  • To personalize User experience
    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site
    We continually strive to improve our website offerings based on the information and feedback we receive from Users.
  • To process transactions
    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the product or service.
  • To administer a content, promotion, survey or other Site feature
    To send Users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emails
    The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.

Third Party Links - Users may find advertising, other content or listed dealers on our Site that link to the sites and services of our partners, dealers, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Outside Disclosures – We do not sell, trade or otherwise transfer User personally identifiable information to third parties. This does not include trusted third parties who assist us in operating our Site, conducting our business, or servicing Users, so long as those parties agree to keep this information confidential. We may also release User information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others' rights, property, or safety. However, non-personally identifiable User information may be provided to other parties for marketing, advertising, or other uses.

Credit Card Companies – User's credit card companies will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction as in the normal course of credit card transactions. We do not otherwise provide personal data to credit card companies without User permission.

Visitors and subscribers outside the United States

Our Site and the servers that make the Site available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Site. Any information you provide in subscribing to our Site or registering or ordering at our Site will be transferred to the United States. By visiting our Site and submitting information, you authorize this transfer, processing, and use.

Changes in corporate structure

In developing our business, we may engage in the sale of certain assets and the company itself, or parts of it may be sold, merged or otherwise transferred. In such transactions and changes in ownership, user information, whether personally identifiable or otherwise, may constitute one of the transferred assets. We will notify affected users in accordance with the procedure for changing this Privacy Policy described below.

Changes to this privacy policy

We have the right and discretion to update this Privacy Policy at any time. When we do, we will revise the Privacy Policy date. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. Users acknowledge and agree that it is their responsibility to review this Privacy Policy periodically and become aware of modifications.

Children's Privacy

Under Age 13
We comply with the Children's Online Privacy Protection Act of 1998, which prohibits collecting personal information from children under the age of 13 without verifiable parental consent. If it comes to our attention that we have collected such information from a child under the age of 13, we will take all reasonable measures to remove it as soon as possible and will not use such information for any purpose except when necessary to protect the safety of the child or others as required or allowed by law. Please call us at 781-366-0754 or email us at [email protected] if you become aware of any personally identifiable information we have collected from children under the age of 13.

Under Age 18
Minors under 18 years of age may have personal information that they provide to us removed by requesting such by email at [email protected].

California Privacy Rights

California residents may request information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes. Such a request may be made to us no more than twice in one year by contacting us per the instructions below. We will use our reasonable efforts to respond to your request within 30 days and to the extent applicable under California law.

California law provides California residents with the following rights:

  • The right to know what personal information we have collected, used, disclosed and sold about you.
  • The right to request we delete any personal information we have collected about you.
  • The right to opt-out of the sale of your personal information.

We will comply with such requests in accordance with California law to the extent applicable.

Contact Details - California residents may make the foregoing requests by specifically detailing such request via email at [email protected] or in writing sent to KULKEA, P.O. Box 335, Westwood, MA 02090. California residents may designate an authorized agent to make such requests on their behalf.

When exercising these rights and submitting a request to us, we will ask you to verify your identity. We may do so by asking you to log in to your account or provide your email address, purchase order numbers of previous orders, proof of California residency or the last four digits of a credit or debit card used to make a purchase. We also may use a third-party verification provider to verify your identity.

Your acceptance of these terms

By using this Site, each User signifies his or her acceptance of this Privacy Policy. Each User's continued use of the Site following the posting of changes to this policy will be deemed his or her acceptance of those changes.

Contact us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at: [email protected] or KULKEA, LLC, P.O. Box 335, Westwood, MA 02090.

Terms of Service

1. Terms

By accessing the website at www.kulkea.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Kulkea's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Kulkea's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kulkea at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Kulkea's website are provided on an 'as is' basis. Kulkea makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Kulkea does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Kulkea or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Kulkea's website, even if Kulkea or a Kulkea authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Kulkea's website could include technical, typographical, or photographic errors. Kulkea does not warrant that any of the materials on its website are accurate, complete or current. Kulkea may make changes to the materials contained on its website at any time without notice. However Kulkea does not make any commitment to update the materials.

6. Links

Kulkea has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kulkea of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Kulkea may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Massachusetts and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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