Privacy Policy Updated
1. Scope of This Policy
KNG Brands, Inc (“KNG Brands,” “we,” “us,” “our”) respects your privacy and values your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our websites at https://dazedenim.com and https://www.pistoladenim.com (the “Sites”), from purchasing products from us or engaging with our content, or by use of any of our services (collectively, the “Service”). If you have any questions regarding this information or our privacy practices, please contact us via the methods set out in the How to Contact Us section at the end of this Privacy Policy.
2. Agreement to Terms
By using or accessing the Service in any manner, you acknowledge that you have read and understand the practices and policies outlined below and the policies outlined in our Terms of Use. This Privacy Policy describes how we collect, use, and disclose personal information in connection with the Service. If you do not agree with the terms of this Privacy Policy and our Terms of Use, then you should immediately discontinue use of the Service without providing us with any personal information.
3. Information We Collect
We may collect the following categories of personal information (a) directly from you (such as when you make a purchase, create an account, or contact us), (b) from third-parties such as our payment processors, e-commerce service providers, or from social media networks, (c) from the device and browser that you use to access the Service, and (d) from cookies and similar technologies.
Identifiers
We may collect your first name, last name, email address, account username and password, mailing address, phone number, and IP address.
Financial and Transactional Information
We may collect payment details (such as credit or debit card information), billing address, and order history. We use authorized third-party payment processors for part of this process.
User-generated Content
We collect the information and content of communications that you share through the Service. This may include survey responses, or any information you choose to share with us when you contact us.
Demographics and Characteristics
We may collect your birth date. This information is used to provide coupons or other incentives.
Device Information
We may collect device information when you visit our Sites. Device information may include your device type, browser type, online and/or unique identifiers, IP address, and geolocation information.
Internet Activity
We may collect information concerning your interaction with the Sites, including when you access the Sites and your browsing activity on the Sites (such as which pages you visit, in what order, and for how long). This may also include “traffic data” or tracking information provided by the Sites’ host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Service.
You are not required to provide all personal information identified in this Privacy Policy to use the Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to register your account, complete your order, or respond to your requests.
4. Cookies
We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on the Sites are generally divided into the following categories:
· Strictly Necessary Cookies. These are required for the operation of the Sites. They include, for example, cookies that enable you to log into password-protected portions of the Sites. These cookies are session cookies that are erased when you close your browser.
· Analytical/Performance Cookies. These allow us to recognize and count the number of visitors to the Sites and understand how such users navigate through the Sites (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located).
We also use Google Analytics for part of this process. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. Google provides users with the ability to prevent their data from being used by Google Analytics—learn more by going to https://tools.google.com/dlpage/gaoptout.
· Functional Cookies. These improve the functional performance of the Sites and make it easier for you to use. For example, cookies are used to remember that you have previously visited the Sites and asked to remain logged in (e.g., this saves your username). These cookies qualify as persistent cookies because they remain on your device for use during your next visit to the Sites. You can delete these cookies as detailed below.
· Marketing Cookies. These record your visit to the Sites and the pages you have visited and the links you have followed, to recognize you as a previous visitor, and to track your activity on the Sites and other websites you visit. These cookies are used to display ads on other websites based on your visits to our Sites and other online activity. These cookies qualify as persistent cookies because they remain on your device.
In addition, we use Shopify to power our online store. Shopify uses certain strictly necessary cookies to enable the online store to function properly as well as analytical/performance cookies. For more information regarding Shopify’s cookies, visit https://www.shopify.com/legal/cookies.
You can also prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access our Sites, however, you might not be able to access or use important functions or features of our Sites, and you may, for example, be required to re-enter your log-in details.
Do-Not-Track Signals
We recognize the Global Privacy Control (“GPC”) as a valid consumer request to opt out of marketing cookies for the browser that you use to access the Sites.
5. Children’s Privacy
The Service is not intended for users under the age of 13 and KNG Brands does not knowingly collect personal information from individuals under the age of 13. If you are aware of, or suspect that, someone under the age of 16 is using the Service without permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.
6. Our Use of Personal Information
We collect and use your personal information for the following purposes:
· Providing the Service to you and providing products or services requested by, or reasonably anticipated within the context of our relationship with, you;
· Managing our relationship with you, and responding to your inquires or requests, and requesting feedback;
· Analyzing use of the Sites and tracking your click stream data;
· Providing you with relevant promotional materials or other marketing, events, and surveys;
· Keeping track of your login information and shopping cart;
· Personalizing your interaction with the Service;
· Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and
· Complying with legal and regulatory obligations.
7. Our Disclosure of Personal Information
We may share your personal information with the following third parties:
· Service providers, including payment processors, IT and hosting providers, analytics providers, contact managers, and shipping and fulfillment providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
· Other users, such as if you leave a product review.
· Business partners, such as our direct mail partner for catalog mailings. [TO3]
· Advertising networks to provide you with relevant marketing.
· Advisors and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.
· With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
· Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.
8. Your Privacy Choices
If you no longer want to receive our newsletters, emails, or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself, through your password protected user account, or by emailing us at the contact information below under How to Contact Us.
To opt-out of text messages, you may text “STOP” in reply to any KNG Brands marketing text message.
Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Sites.
Upon request we may provide you with access to the personal information that we hold about you. You may also correct, amend, or delete certain personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete their information may do so through their password protected user account or email us at the contact information below under How to Contact Us. We may request you verify your identity by providing us with your user email address and telephone number. You may also request we delete your user account.
9. Security
We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.
You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the contact information in the How to Contact Us section below.
10. Additional Disclosures Required by State Privacy Laws
This section applies only to residents of California, Colorado, Indiana, Maryland, Minnesota, Nebraska, New Jersey, Texas, and Virginia.
For residents of these states, this section describes how we collect, use, and disclose, “sell” and/or “share” (as defined under certain state privacy laws) the personal information of state residents, and the rights you may have under your state’s privacy law. These disclosures are intended to supplement this Privacy Policy with information required by state law.
To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Information We Collect above.
We collect this personal information, as further described in the Our Use of Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.
We may disclose personal information to the categories of third parties listed above in the section Our Disclosure of Personal Information. Below, we have provided more detail regarding the two ways we share your personal information: (a) general disclosures of information for a business or commercial purpose, and (b) “sales” or “sharing” of personal information.
Disclosure of Information for a Business or Commercial Purpose:
To manage our business and provide services to you, we sometimes disclose personal information to third parties. These third parties cannot further collect, sell, or use the personal information we disclose to them except as necessary to perform our business or commercial purposes, as instructed by us.
In the past 12 months, we may have disclosed the following categories of personal information for business or commercial purposes to the categories of recipients listed below:
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Identifiers |
Service providers; Advertising partners and social media networks; Business reorganization; Mandatory disclosures and legal rights |
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Service providers; Business reorganization; Mandatory disclosures and legal rights |
|
|
Financial and Transactional Information |
Service providers; Auditors, advisors, and financial institutions; Business reorganization; Mandatory disclosures and legal rights |
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User-generated Content |
Service providers; Business reorganization; Mandatory disclosures and legal rights |
|
Device Information |
Service providers; Advertising partners and social media networks; Business reorganization; Mandatory disclosures and legal rights |
|
Internet Activity |
Service providers; Advertising partners and social media networks; Business reorganization; Mandatory disclosures and legal rights |
“Sales” and “sharing” of Personal Information:
We have marked “sales” in quotation marks because the laws of California, Colorado, Maryland, Minnesota, Nebraska, New Jersey, and Texas define “sale” broadly to include any disclosure of information in exchange for anything of value. The value does not need to be monetary, like in a traditional sale.
In addition, California law separately defines “sharing” to include disclosing personal information to third parties for cross-context behavioral advertising (i.e., targeted advertising based on your activity across different websites or services).
KNG Brands does not sell or share personal information in exchange for money. However, KNG Brands uses cookies and similar technologies to analyze website usage and assist in marketing efforts (including targeted advertising) and we may share personal information derived from these cookies with advertising partners to market to you and to provide advertisements on other websites that we or these entities believe will be of interest to you. In some cases, the disclosures of the information collected by these cookies may be considered a “sale” or “sharing” under applicable law.
In the past 12 months, the categories of personal information disclosed that may be considered a “sale” or “sharing” are: Identifiers, Device Information, and Internet or Other Network Activity.
The categories of third parties to whom personal information was disclosed that may be considered a “sale” or “sharing” are: advertising partners and social media networks.
We do not sell or share, or have actual knowledge of any sale or sharing of, the personal information of minors under 16 years of age.
Your Rights:
Under certain state privacy laws, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. We have provided this notice through this Privacy Policy.
In addition, residents of California, Colorado, Indiana, Maryland, Minnesota, Nebraska, New Jersey, Oregon, Texas, and Virginia have the following rights, subject to certain limitations:
· Access: You have the right to access a copy of the categories and specific pieces of personal information that we have collected about you.
· Correction: You have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
· Deletion: You have the right to request that we delete or anonymize your personal information, with certain exceptions.
· Data Portability: You have the right to request a copy of your personal information in a machine-readable format. You can also request that we transmit your personal information to another business where technically feasible.
· Sale and Sharing/Targeted Advertising Opt-out: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for purposes of targeted advertising.
Additional Rights for California Residents:
In addition to the rights listed above, California residents also have the following rights:
· No Retaliation: You have the right to be free from discrimination or retaliation for exercising your rights under the CCPA.
· Opt-Out of Third-Party Marketing (California “Shine the Light” Disclosure): Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of personal information to third parties for such third parties’ direct marketing purposes.
Additional Rights for Maryland Residents:
In addition to the rights listed above, Maryland residents also have the following right:
· Disclosures to Third Parties: You have the right to request a list of the categories of third parties to whom we have disclosed your personal information, or the categories of third parties to whom we have disclosed any consumer’s personal information.
Exercising Your Rights:
You or your authorized agent may exercise your rights to access, correct, transfer, or delete your personal information by contacting us at the contact information in the How to Contact Us section below with the subject line “U.S. Privacy Rights” so that we may direct your email to the right team. Once we receive a request, we will take steps to verify your request, including by asking you to provide information that is reasonable in light of the nature of your request. We will respond to your request consistent with applicable law.
You can exercise your right to opt-out of “sales” or the “sharing” or your personal information for purposes of targeted advertising by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of the Sites. Where required by applicable law, we will treat a browser-based opt-out preference signal, such as the Global Privacy Control (“GPC”), as a request to opt out of the sale or sharing of personal information for that browser and device. Please note that GPC (or similar signals) may not apply in all contexts (for example, to information processed offline or not linked to your browser), and you may still need to use the “Do Not Sell or Share My Personal Information” link or other methods described in this Privacy Policy to make choices for other browsers or devices, or when you are signed into your account.
Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. If we possess appropriate information about you (e.g., name, email, address), we will attempt to verify your identity using that information. If it is not reasonably possible to identify you, we may not be able to respond to your request.
To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us.
Appealing a Denial of Your Privacy Rights Request:
If you are a resident of Colorado, Maryland, Minnesota, Nebraska, New Jersey, Texas, or Virginia and we refuse to take action on your privacy rights request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to the rights and obligations afforded to you under applicable law. We will respond to your appeal in accordance with applicable law.
You may appeal our decision using the following methods:
· Email us at: customerservice@pistoladenim.com; customerservice@dazedenim.com
Data Retention
We retain personal information about you for as long as necessary to provide you with the Service or to perform our business or commercial purposes for collecting your personal information. When establishing a retention period for specific categories of information, we consider the source of the collected personal information, our need for personal information, why we collected the personal information, and the sensitivity of the personal information. In some cases, we retain personal information for a longer period, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
11. Additional Disclosures for Residents of Canada
This section contains additional disclosures for residents of Canada. As noted above, you may view and/or update certain information associated with your account (e.g., name, email address, password) by logging into your account. If you wish to request access to or correction of other personal information, or to opt-out of the processing of your personal information or request that we delete your personal information, you may contact us at the contact information in the How to Contact Us section below with the subject line “Canada Privacy” so that we can get your email to the right team. You may also contact us for information about how foreign-based service providers process your personal information or if you have any questions or complaints about the manner in which we treat your personal information.
We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.
12. Additional Disclosures for Residents of the European Union (EU) and the United Kingdom (UK)
This section provides additional information for residents of the EU and UK.
Data Transfers
As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. With respect to transfers originating from the European Economic Area, we implement the standard contractual clauses approved by the European Commission.
Retention of Your Personal Information
We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.
Legal Basis for Processing Your Personal Information
Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the Our Use of Personal Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).
Automated Decision-Making
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.
Your Rights
As available and except as limited under applicable law, if you reside in the EU or the UK, you have the rights described below:
· Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
· Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you be amended.
· Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such information to comply with a legal obligation or to establish, exercise, or defend a legal claim.
· Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.
· Portability. You have the right to request that we transmit your personal information that we hold to another data controller.
· Objection. Where the legal justification for our processing of your personal information is in our legitimate interest, you have the right to object to such processing on grounds relating to your circumstances. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise, or defend a legal claim.
· Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information based on your consent prior to when you withdraw your consent or processing of your information based on other legal bases.
Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at the contact information in the How to Contact Us section below with the subject line “EU Privacy” so that we may direct your email to the right team. We will respond to your request consistent with applicable law.
If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.
13. Links to Other Websites
For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Sites to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.
14. Effective Date and Changes to This Privacy Policy
This Privacy Policy is effective as of the date at the top of this policy. KNG Brands has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.
15. How to Contact Us
If you have any questions about this Privacy Policy or the Service, please contact us at
Pistola Denim
customerservice@pistoladenim.com
Daze Denim