Privacy Notice

Last modified: March 10, 2020

Introduction

KUS USA, INC. (“Company,” “we,” or “us”) respects your privacy and we are committed to protecting it through our compliance with this Privacy Notice (this “notice”).

This notice describes the types of information we may collect from you or that you may provide when you visit the website https://kus-usa.bssdev.com/ (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This notice applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this notice.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy notice. This notice may change from time to time (see “Changes to Our Privacy Notice“ section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the notice periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
• That is about you but individually does not identify you; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details,

IP addresses, and information collected through cookies.

• Certain parts of the Sites use Google Analytics, which is provided by Google Inc. It uses cookies to collect, for example, information about the operating system and the browser that you use, your IP address, the website you previously accessed (referrer URL) and the date and time of your visit to the Websites. On subsequent repeated visits to the Websites, frequently used information is automatically displayed for you. We are able to track your usage patterns with the help of the cookies. The information generated by cookies about the use of the Websites is transmitted to a Google server, which may be located within or outside of, the United States, and stored there. Google will use this information to evaluate your use of the Websites. Google may transfer these rights to third parties insofar as it is required to do so by law or in order that data may be processed on Google’s behalf. You can visit https://policies.google.com/technologies/partner-sites to learn more about Google Analytics’ use of cookies.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to informational communications, or requesting further services. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. User Contributions may include user reviews and product feedback. All reviews and feedback you submit on or through our Website may be copied, modified, adapted, published and/or deleted in their entirety by us without notice, attribution, or payment to you. We cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, page views, referring URL, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The Website also may access metadata and other information associated with other files stored on your device. Any such information that we may collect through automatic technological means will be aggregated as statistical data and will not include personal information (or will have personal identifiers removed), but we may maintain or associate this data with information we collect in other ways or receive from third-parties.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website
• To use the information you provided to occasionally notify you about special sales or services and other valuable updates to personalize your shopping transaction
• In any other way we may describe when you provide the information
• For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Using the Website from Outside of the United States

This Notice is intended to cover collection of information on or via the Website from residents of and within the United States. If you are visiting the Website from outside the United States, please be aware that the data protection laws governing this Website might not be as restrictive as those in your country. Your personal information may be transferred to, stored, and processed within the United States. Additionally, we may transfer your personal information to other countries in certain circumstances, for example because a server or third party service provider is located there. BY USING THIS WEBSITE OR PROVIDING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE TRANSFER, SHARING, STORAGE, AND PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS NOTICE.

There are potential risks to you associated with transferring your information to the United States due to the absence of an adequacy decision and appropriate safeguards. These risks include the risk that you will not be able to exercise your data protection rights under applicable law to protect yourself from unlawful use or disclosure of your information. The data protection and privacy laws of other countries, including the United States, may not afford you the same level of protection as those in your own country.

IF YOU ARE FROM THE EUROPEAN UNION OR OTHER REGIONS WITH LAWS GOVERNING DATA COLLECTION AND USE AND YOU PROVIDE US WITH YOUR PERSONAL INFORMATION, YOU ARE AGREEING TO THE TRANSFER OF YOUR PERSONAL INFORMATION TO THE UNITED STATES.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy notice:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply this Privacy Notice, our Terms of Use, and/or our Purchase Order Terms and Conditions.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of KUS USA, INC. or its affiliates, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
• Email and Promotional Offers. When you contact us through certain forms on the Website, you may be added to our email list to receive email messages. At any time, you can choose to no longer receive such emails by using the “unsubscribe” method found at the bottom of each email or by sending us an email or other correspondence stating your request.
• Contact us/Personal Information. If you have any questions regarding this notice, have a specific request to access, correct, or delete any personal information that you have provided to us, or if you feel that the Website has not followed the posted notice or our Terms of Use, feel free to contact us, as provided below. Note that we may have to delete your user account on the Website, in order to delete your personal information. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at:
3350 Davie Road, Suite 203
Davie, FL 33314

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Changes to Our Privacy Notice

It is our notice to post any changes we make to our privacy notice on this page. If we make material changes to how we treat our users’ personal information, we will notify you. The date the privacy notice 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 our Website and this privacy notice to check for any changes.

Opt-Out

At any time you can choose to no longer receive commercial or promotional emails or newsletters from us by modifying your email preferences by selecting the “Opt-Out” link found in the footer of the communication or on our Websites and following the instructions or contacting us. When you register on our Websites, you will be given a choice as to whether you want to receive e-mail messages about special offers and deals related to your interest. You may modify your choice at any time by using the “Opt-Out” link as described above.

You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to thirty (30) days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.

Even if you opt-out of receiving promotional communications, you may continue to receive emails and notifications relating to order confirmations, back order notifications, membership information, and/or other business-related communications.

Additional Privacy Rights for California Residents

California residents may have additional rights under the California Consumer Privacy Act of 2018 (“CCPA”), subject to certain limitations. The obligations and rights in this section do not apply to personal information we collect about job applicants, vendors, suppliers, independent contractors, current or former full-time, part-time, and temporary employees and staff, officers, directors, or owners of KUS USA, Inc. or residents of any state other than California. No user of the Website will be discriminated against for exercising their rights under the CCPA.
As described in this notice, we collect the following categories of personal information from users of the Website to provide our services and related support, analyze, personalize, and improve our services, engage in advertising, marketing and promotional activities, process sales, execute our internal operations, secure and protect our business, and comply with legal obligations:

• Name, contact information and other identifiers, including but not limited to email, IP, home, and business addresses, phone number, login credentials, personal and online identifiers, and IP address;
• Age or date of birth;
• Internet or other electronic network activity information, including but not limited to browsing history, search history, and information regarding a user’s interaction with the Website, other internet websites, or advertisements;
• Geolocation data, including but not limited to city, state, and zip code; and
• User preferences regarding the Website and our products.

Subject to certain exemptions, if you are a California resident, the CCPA grants you the following rights:

Request to Know. California residents have a right to request a copy of particular information we have collected about you, up to two (2) times in a 12-month period, subject to certain exemptions. We will deliver this information, free of charge, by mail or electronically in a portable and, to the extent technically feasible, readily usable format that allows the requester to transmit this information to another entity without hindrance, which may include:

• categories of personal information collected;
• types of sources from which the personal information is collected;
• business and/or commercial purposes for collecting and selling a user’s personal information; and the
• categories of third-parties with whom we have shared personal information.

Request to Delete. California residents have a right to request that we delete any personal information about them that we have collected through the Website, subject to certain exceptions. If you are a California resident who makes such a request, once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if we collected the information as part of a business-to-business transaction or if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect, prevent, or mitigate security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Use the information as necessary to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Enable solely internal uses that are reasonably aligned with our normal operations and consumer expectations based on your relationship with us.
7. Comply with a legal or regulatory obligation.
8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Only you, or someone legally authorized to act on your behalf, may make one of the above requests related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

In order for us to act on one of these requests, we must be able to verify your identity or authority to make the request and confirm the personal information relates to you, and your request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request and will not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt-out of Sale of Personal Information. The CCPA gives California residents 16 years of age or older the right to opt-out of the sale of their personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

If you are a California resident and would like to make any request as described herein, please contact us as provided in this notice. We will respond to verifiable requests received from California residents as required by law.

Contact Information

To ask questions or comment about this privacy notice and our privacy practices, contact us at:
3350 Davie Road, Suite 203
Davie, FL 33314