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PRIVACY AT KEEPIN IT KOOL ®

Trust Us with Your Information

LAST UPDATED: January 30, 2022


We understand that many of our customers have concerns about their personally identifying information, and the privacy of our customers is extremely important to all of us at Keepin It Kool LLC. and its affiliates, related companies, officers and directors (“Keepin It Kool”, “we”, “us” or “our” as appropriate). To understand a little bit about how you, our customer (“you” or “your” as appropriate), can interact with our website including when you are visiting or viewing our website, buying/ordering our products, subscribing to our newsletter, or sharing a link with a friend or on social media (collectively, “Services”) -- and how we will use any information we gather from you when you visit our website -- please review our Privacy Policy below, which incorporates our Terms of Use (“TOU”) by reference. By using our Services, you acknowledge that we will be collecting, sharing and using your submissions and Personal Data (as defined below) as described in this Privacy Policy, and you consent to those practices.

Our Privacy Policy explains what information we collect, how we use it, who we share it with, and what security measures we use to safeguard your Personal Data.

What we collect 

You can always choose not to provide any information to us, but then you might not be able to order products from us.

We may collect the following information:

  • Details of your order including your name and the name of the order recipient.

  • Contact information including email address and postal/delivery address.

  • Demographic information such as postcode, preferences and interests.

  • Other information relevant to customer surveys and/or offers.

Personal Data”, as more amplified herein, includes, individually and collectively, personally identifying information, including but not limited to a username, account number, email address, IP information and any personally identifying information entered by a user on the Services including address and payment information. “Special Categories of Personal Data” is defined as data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. We may ask you to submit information that falls into “Special Categories of Personal Data” in connection with relevant allergies, health restrictions and food/beverage preferences. Also, if you may place an order that has as the shipping address a location such as a house of worship, a hospital, a campaign office or a picket line, you may be providing such Special Categories of Personal Data incidentally.

We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, pages you visit, cell service/WiFi provider or your account (including, for example, a persistent device identifier), and other similar information; you consent to such collection so that we can: manage and deliver your order, enable you to attend a class or event and/or provide you with relevant and/or requested provided content, data, information and Services. To improve our Services and avoid errors, we may obtain certain analytical information including records of the user sign-in process, as well as login and logoff times, object loss metrics, test processes, button and action data and related information; such data may be shared with third parties including Wix, Shopify, Poptin, Google Analytics, Klavyio, Zendesk, PayPal, Facebook and Twitter so we can provide you with the Services you want to receive, error-free, and so you can share content from our website on and through your third-party accounts. We may use the information to analyze site usage, administer the website, understand usage and navigation trends in the aggregate, and determine interest in our products as well as the relevance of content. IP addresses are also linked to personally identifiable information, to better a user's experience when using the website.

You consent to the collection, storage and processing of the data provided by you manually in connection with purchases/orders, as well as Personal Data and other information we gather from you which we may use for localization, corporate compliance, legal and auditing purposes, in connection with Keepin It Kool’s business purposes, such as data analysis, audits, fraud prevention, developing new Services and/or features, enhancing and improving our Services, documenting usage, analyzing and researching user trends and researching/documenting the effectiveness of any promotional campaign;  and to our sharing of that information among our affiliates and related corporate entities, as well as our personnel for purposes of managing and processing your purchase/order, processing payment for that purchase/order, following up with you regarding your purchase/order and making recommendations for future purchases/orders. 

For the exhaustive list of cookies we utilize, please see the collect section below regarding cookies we use and what we use them for. 

The Personal Data You provide to us will allow us to run and operate our website and Services, including fulfilling and shipping your purchases/orders, welcoming you to any Keepin It Kool event, maintaining the integrity of the website and Services, providing you with the Services that you are seeking; minimizing spam, alerting you of new products or services, features, or enhancements, handling your questions or issues, administering promotions, contests and sweepstakes, displaying relevant marketing to you, combating fraud and abuse, to notify you of promotions, updates, or special offers that we think may interest you, and for other legal and accounting/audit reasons. We also use information in the aggregate to understand how our users as a group use the website and Services and resources provided on our Services. We also use your email address and phone number as part of the Services in sending you messages about the Services and other general announcements.

We require this information to understand your needs and provide you with better services, and in particular for the following reasons: 

  • Internal record keeping including in connection with accounting, taxes and legal compliance.

  • We may use the information to improve our website, products and services.

  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Through this Privacy Policy, you grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use, process, store and share your Personal Data in connection with the creation and development of analytical and statistical analysis processes, tools and data relating to the use of the customer data we collect in providing the Services (the "Analytical Data"); Analytical Data does not include credit card numbers but it does include payment history and purchase history. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data; while we do not retain your credit card information, our credit card processor and facilitator does. While providing services for us, including payment processing and shipping, these companies may access your Personal Data. To the extent applicable, we require these entities to comply with this Privacy Policy and take appropriate confidentiality and security measures. you expressly authorize and consent that we can make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, and that all Analytical Data is included in the definition of Personal Data herein.

If you share a third party’s personal information with us, for purposes of sending them information about a product, or shipping them a gift or other item, you indemnify us in connection with our use of that information to provide them with the information and/or goods selected by you for us to share with them, and affirm that we can handle such information in the same way we handle Personal Data pursuant to this Privacy Policy.

For example, if you send a gift card or order products, you will also be required to provide a billing address and credit card or other payment information which will be collected, used, processed and retained so that we can process your order, obtain follow-up information and/or feedback from you, and for other accounting and legal purposes, as well as to recommend our other products to you. If you order items for shipping or delivery, we will share your name and address information, and possibly phone and email information, with those involved in shipping/delivering your goods to you or your chosen recipient.

We may use your email address or information for a range of purposes including managing, tracking, completing and confirming your orders and/or class/event reservations, processing a payment, communicating with our suppliers and vendors, marketing, maintaining quality of service, and administrative/legal/accounting/auditing purposes, and we reserve the right to share your Personal Data with our staff/employees/contractors/team as needed to effect all of these purposes or processes. Those persons or entities may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party, in our sole discretion, to provide specific services and process, and to store and organize Personal Data on our behalf, in connection with our reasonable management, maintenance and growth of Keepin It Kool and related businesses.

You consent to our use, storage, retention and processing of data included in Special Categories of Personal Data as well as Interactive Data in the same way that we use, store, retain and process Your Personal Data, and agree that the term Personal Data as used herein includes Special Categories of Personal Data and Interactive Data.


Children/COPPA 

We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”). In compliance with United States regulations regarding online privacy for children, Keepin It Kool does not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual. Age-Barred Individuals are not permitted to have an account, use any Keepin It Kool website or app, or interact in any manner with Keepin It Kool. By using the website and Services and/or making a purchase/submitting an order, you thereby confirm that you are thirteen (13) years old or older, and not an Age-Barred Individual in your jurisdiction.

Data access for California residents

If you are a resident of California, you may request that we provide you with the information that we have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to you once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request. Please contact contact@shopkik.com in connection therewith. If you are a California resident and wish 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 to us at contact@shopkik.com. Any such request must include “California Privacy Rights Request” in the subject line/first line of the description and include your name, California street address, city, California as the state and ZIP code.  Please note that we are only required to respond to one request per customer each year, and only if the customer is a California resident, and we are not required to respond to requests made by means other than through this address.

Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion. Please note that we cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven (7) years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.


Security

We are committed to the security of your Personal Data. In order to prevent unauthorized access or disclosure, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect online. You expressly consent to the storage of your Personal Data in the United States and Canada. Your Personal Data and other information may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about you to recipients who are located, temporarily or permanently, in countries other than the country in which the Personal Data was originally collected. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy. Your Personal Data may therefore be subject to privacy laws that are different from those in your country of residence. We will share Personal Data if we have a good faith belief in our discretion that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our TOU or another policy, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud or other criminal or terrorist activity, security or technical issues associated with the Services, or (iv) such action is appropriate to protect the rights, property or safety of Keepin It Kool, its employees/contractors/suppliers/agents/officers/owners/affiliates/related entities, attendees at any Keepin It Kool class/event, users of the Services or others.

How we use Cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers’ settings will automatically accept cookies, but you can modify your browser setting to decline cookies, or just third-party cookies, if you prefer. However, by doing so, this may prevent you from taking full advantage of the website or buying/ordering products from us.

We treat information collected by cookies and other technologies as non-Personal Data. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Data by local law, we also treat these identifiers as Personal Data.


Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our website, you should note that we do not have any control over those other websites. Therefore, we cannot be responsible or liable for the protection and privacy of any information including Personal Data which you provide, or which is accessed by any third party (including affiliates) whilst visiting such other sites and such sites are not governed by this Privacy Policy or our TOU. You should exercise caution and look at the privacy statement and terms of use applicable to such other website(s) in question.


Controlling your information

You may choose to restrict the collection or use of certain personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

  • If you have previously agreed to us using your Personal Data for direct marketing purposes, you may change your mind at any time by writing to or emailing us at contact@shopkik.com or by unsubscribing. There is an “unsubscribe” link at the bottom of every email we send to our users and customers, including you.

We will not sell, distribute or lease your Personal Data to third parties unless we have your permission including as set forth in this Policy, or are required by law to do so. We may use your contact information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we have or are holding with respect to you is incorrect or incomplete please write to or email us as soon as possible at contact@shopkik.com. We will correct any information found to be incorrect with reasonable promptness.

We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted on our TOU page. If we make a material change to the Agreement, we will make a reasonable effort to notify you as set forth in this Agreement. You agree that you will review this Agreement periodically. By continuing to access and/or use our website after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using our website. This Agreement as amended, updated or replaced from time to time will govern any disputes arising before the effective date of the Updated Terms.

As we continue to develop our business, we might sell, buy or otherwise transfer or acquire assets, affiliates, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including Personal Data collected from you through your use of the Services, could be included in the transferred assets. In this event or if Keepin It Kool or any affiliate or subsidiary thereof is acquired by, or merged with, any other entity, we reserve the right to assign or transfer any information that we have collected with respect to you (including your Personal Data) without your consent or notice to you and without any liability, and this will not violate our undertaking to not sell, lease or distribute your Personal Data. Further, if we become involved in a merger, acquisition or other transaction involving the sale or other transfer of some or all of our assets, user information - including Personal Data collected from you through your use of the website or Services - could be included in the transferred assets. Should such an event occur, and if your Personal Data is to be used by the successor entity in a different manner than how it was used by us, we will reasonably endeavor to ask the successor entity to notify you through email, social media and/or a prominent notice on the Services. As well, in any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors' rights, your information might be transferred or disclosed to third parties, which we reserve the right to do without additional consent from you, or notice to you, and without liability.

Our TOU includes our Privacy Policy, as they may be time to time updated, amended or replaced, and they collectively constitute the entire agreement between you and Keepin It Kool, govern your use of the website and Services and completely replace any prior agreements (including prior versions thereof) between you and Keepin It Kool in relation to the website and Services. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of our TOU or the privacy policy included therein is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The delay or failure of Keepin It Kool to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of final and competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in these TOU, there shall be no third-party beneficiaries to these TOU. You agree that any claim or cause of action arising out of or related to these TOU, this Privacy Policy, the website or the use of the Services must be filed within one (1) year after the claim or cause of action arose, or be forever barred.


List of cookies we collect:

The table below lists the cookies we collect and what information they store. Any error or omission is inadvertent and shall not result in our liability.

CART:  The association with your shopping cart.

CATEGORY_INFO:  Stores the category info on the page that allows to display pages more quickly.

COMPARE:  The items that you have in the Compare Products list.

CURRENCY:  Your preferred currency.

CUSTOMER:  An encrypted version of your customer ID with the store.

CUSTOMER_AUTH:  An indicator if you are currently logged into the store.

CUSTOMER_INFO:  An encrypted version of the customer group you belong to.

CUSTOMER_SEGMENT_IDS:  Stores the Customer Segment ID

EXTERNAL_NO_CACHE:  A flag, which indicates whether caching is disabled or not.

FRONTEND:  Your session ID on the server.

GUEST-VIEW:  Allows guests to edit their orders

LAST-CATEGORY:  The last category you visited.

LAST-PRODUCT:  The most recent product you have viewed.

NEWMESSAGE:  Indicates whether a new message has been received.

NO_CACHE:  Indicates whether it is allowed to use cache.

PERSISTENT_SHOPPING_CART:  A link to information about your cart and viewing history if you have asked the site.

POLL:  The ID of any polls you have recently voted in.

POLLN:  Information on what polls you have voted on. 

RECENTLYCOMPARED:  Information on what you have recently compared. 

STF:  Information on products you have emailed to friends.

STORE:  The store view or language you have selected.

USER_ALLOWED_SAVE_COOKIE:  Indicates whether a customer allowed to use cookies.

VIEWED_PRODUCT_IDS:  The products that you have recently viewed.

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