Last Updated: 1/17/17
In this Policy, “personal information” means any information by which you can be identified or contacted, such as your name (first and last), home, billing or other physical address, email address, telephone number, billing information, etc., as well as any information associated with the foregoing.
U.S. Governing Law
The Website is designed for and targets U.S. audiences, and is governed by and operated in accordance with the laws of the United States. We make no representation that the Website is operated in accordance with the laws or regulations of, or governed by, other nations, and we do not warrant or imply that the Website or content/materials on the Website are appropriate for use outside of the United States.
If you are located outside of the United States, you use the Website at your own risk and initiative, and you are solely responsible for compliance with any applicable local, national and international laws. By using the Website, participating in any Website activities, and/or providing us with any information, you: (a) consent to the transfer and processing of any information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location, and (c) understand that we will collect, transfer, store, process and/or deal with your information in accordance with this Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your information in accordance with this Policy that may arise under the laws and regulations that apply to you in any other country or jurisdiction.
Children Under the Age of 13
The Website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Website or on or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us.
Information We Collect About You and How We Collect It
User-Provided Information: You may be required to provide personal information to access or use certain parts of the Website, or features of the Website or services including, without limitation, when you inquire about a product, chat with a specialist, subscribe to a newsletter, or email list, fill out a form, participate in any of our programs, special events or promotions such as contests, sweepstakes or surveys, contact us with a comment, testimonial, question or complaint, etc. If you do not provide the requested personal information, you may not be able to access or use the features of the Website or service where such information is requested.
Depending upon the nature of the transaction, the personal information collected may include your first and last name, billing, mailing, physical or shipping address, telephone number, fax number, email address, date of birth, age, gender, occupation, birthday, marital status, interests, purchase history, credit card information, debit card information, or other demographic information.
Third Parties: We may also collect personal information about you from other third parties, such as demographic firms, to make our future services and marketing efforts more efficient and personalized for you. We may combine all information that you provide to us or we collect over time with information obtained from other sources and may disclose this information within our corporate family of companies or our service providers.
Cookies Information: When you visit the Website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Website.
A cookie does not collect personal information about you. We use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website or services may not function properly if the ability to accept cookies is disabled.
Google Analytics: We use a tool called “Google Analytics,” a web analytics service provided by Google, Inc. (“Google”) to collect information about the use of the Website. Google Analytics collects information such as how often users visit the Website, what pages are visited, and what other sites were visited prior to coming to the Website. We use the information we get from Google Analytics to improve the Website. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, IP addresses or other device identifiers, browser information, Internet Service Provider (“ISP”), operating system, location, date/time stamp, clickstream data, referring/exit pages, and URLs, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Website or services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Website better for our users.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To provide you with information, products, or services that you request from us.
To contact you (via email, postal mail, or telephone) regarding products and services that we believe may be of interest to you.
To operate, maintain, and provide to you the best possible features, services, products, functionality of the Website and its contents, and overall customer experience.
To analyze visits to the Website and learn about the interests, preferences, demographics and behaviors of our visitors in aggregate (e.g., across the country) and also on a personal level, so we can improve our products and services and deliver to you the type of content, features, services, products and promotions that you are most interested in.
To process registration requests when you register for our programs or services, or otherwise administer your participation in our programs or services.
To respond to your questions, requests, comments or complaints and determine your satisfaction with our programs, products and services.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
To notify you about changes to the Website or any products or services we offer or provide through it.
To compare and review your personal information for errors, omissions and accuracy.
To prevent, detect or investigate any fraudulent, abusive or illegal act.
To administer a promotion, contest, sweepstakes, survey or other Website feature.
To send you marketing communications and other information and materials regarding our products, services, marketing or special events.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We also use your personal information for our everyday business purposes such as security, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance.
KPS may develop special sites or administer promotions in cooperation with other companies. If you register at these “co-branded” sites or consent to receive email communications from our promotional partners, we may share your registration information (such as name and email address) with those companies.
How We Share Your Information
Personally Identifiable Information: In certain circumstances, we may share your personal information with our trusted partners.
Third-Party Service Providers: We may disclose potentially personally-identifying and personally-identifying information to our employees, contractors (including website operators), affiliated organizations, service providers, distributors, promotional partners and other third parties that provide support services to us such as web hosting, web analytics (including analysis of online activity over time and across websites), mailing, emailing, marketing our products and services, administering our programs, operations and promotions, or processing any other information on our behalf to provide services available at the Website. We may store personal information in locations outside the direct control of KPS (for instance, on servers or databases co-located with hosting providers). These service providers only receive personal information if such information is needed to perform their function(s), and they are not authorized to use any personal information for any purpose(s) other than the purpose(s) set forth by KPS.
Special Events, Promotions and Partnerships with Third Parties: From time to time, we may join with third parties to provide specific services or products, special events or promotions (such as surveys, contests or sweepstakes). If you choose to sign up for such services, order these products, or participate in a special event or promotion, KPS may share your personal information with third-party partners. We will share only the information that is necessary for the third parties to provide these services or products or otherwise participate in or administer the applicable event.
Business Transfer: As we develop our business, we may buy or sell assets or business offerings. User, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.
We fully cooperate with law enforcement agencies in identifying those who use the Website or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal information for security purposes to any person or entity under any circumstances, including, without limitation, in connection with any government investigation or litigation, shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain services.
How We Protect Your Information
KPS uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards. For example, we use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. The security of your personal information is important to us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot ensure or warrant the absolute security of any information you transmit to KPS or the Website, and you do so at your own risk.
Once we receive your transmission of information, KPS makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, KPS will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.
Links to Other Websites and Social Media
We are not responsible for the practices employed by websites linked to or from the Website nor the information or content contained therein, and we make no warranty, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that any such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that any such site or content is devoid of viruses or other contamination. KPS may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by KPS of any of the linked sites. Please remember that when you use a link to go from the Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding. We do not ensure the security of your personal information if you visit websites not belonging to KPS. We further reserve the right to terminate a link to a third-party site at any time.
We sometimes use third-party social media content we obtain from social media platforms such as Facebook, Instagram, YouTube, Twitter and LinkedIn on the Website. The privacy protections provided on these third party social media platforms and sites are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to KPS or our products on third party social media platforms or sites that share information with the general public, user community, and/or other third party sites, it may be used or shared by us on the Website or our social media platforms to promote our KPS products and services. Consequently, you should review the privacy policies of these third party sites before using them and ensure that you understand how your content may be used.
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Website page, as determined by KPS in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.
Your Choices, Opting Out and Reviewing or Making Changes to Your Information
By providing KPS your email address, you consent to our use of your email address to send you Website and service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages including, but not limited to, newsletters, legal updates, changes to features of the Website or services, product updates, special offers or promotions, or other account information.
If you do not want to receive such email messages, you may opt out by: (1) following the unsubscribe instructions in any of our promotional emails; or (2) sending a written request to the postal or email address set out below. Opting out may prevent you from receiving email messages regarding updates, improvements, promotions or offers. You may not opt out of service related emails. Opting out does not affect our use of your non-personally identifiable information as described in this Policy.
NOTE: Please allow up to ten (10) business days for us to process your request. We may continue to send you transactional or operational communications. You can ask to review, update or make changes to the personal information we maintain about you at any time by sending a written request to the postal or email address set out below, or by following the instructions in any promotional email you receive from us. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements or as otherwise described in this Policy.
It is our policy to post any changes we make to our Policy on this page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up to-date active and deliverable email address for you, and for periodically visiting the Website and this Policy to check for any changes.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Website that are California residents to request and obtain from us a list of what personal information (if any) we shared with third parties or corporate affiliates for those entities direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
If you are a California resident and would like a copy of this notice, please submit a written request to the following address: [2810 Coliseum Centre Drive, Ste. 100. Charlotte, North Carolina 28217 USA]. For all requests, you must put the statement “California Privacy Rights Notice” in the body of your request, as well as your name, street address, city, state, and zip code. You also need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
California Do Not Track Disclosures
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third-party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.
If you have any questions about this Policy, the practices of the Website, your dealings with the Website, or wish to update us with your preferences, you may contact us using one of the following methods:
Send mail to: 2810 Coliseum Centre Drive, Ste. 100. Charlotte, North Carolina 28217 USA