|
Kendyusa.com,
all its related web sites (“Kendy USA LLC”) Privacy
Policy
Last updated December 18, 2009.
PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE
EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS
YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. Kendy
USA LLC DOES NOT PROVIDE NOTICES OF CHANGES IN
ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY PLEASE DO NOT
PROVIDE ANY INFORMATION TO Kendy USA LLC OR USE ANY
OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEB SITES
REFERRED TO IN THIS PRIVACY POLICY.
The information collection, use, and dissemination practices of Kendy USA LLC
This policy applies to Kendy USA LLC’s collection,
use, storage and disclosure of information by Kendy
USA LLC on its (a) websites, including all its divisions, subsidiaries and
related companies (collectively, the "Websites"), (b) on various
third party websites, and (c) to Kendy USA LLC’s other
information collection, including the purchase of customer lists from third
parties. Kendy USA LLC is not responsible for the
information collection or privacy practices of third web sites or
applications.
1. Collection of
Information.
1.1 Survey Information.
Kendy USA LLC collects information from individuals
by various methods, including, but not limited to, when an individual
voluntarily completes a Kendy USA LLC survey, order
form, or a registration page either online or offline, or by means of online
or offline surveys, order forms, or registration pages operated by third
parties (collectively, a "Survey"). (As used herein,
"online" means using the Internet, including the Websites, and
related technologies, and "offline" means by methods other than
online, including in person, in the postal mail, using telephones and cell
phones, and other similar means.) In the Surveys, Kendy
USA LLC or a third party (a "Third Party") may ask an individual to
provide various information to Kendy USA LLC, which
may include his or her name, email address, street address, zip code,
telephone numbers (including cell phone numbers and carriers), birth date,
gender, salary range, education and marital status, occupation, social
security number, employment information, personal and online interests, and
such other information as may be requested from time to time (together,
"Survey Information"). Kendy USA LLC may
also collect information concerning an individual from another source and
uses that information in combination with information provided from this web
site. Completing the Surveys is completely voluntary, and individuals are
under no obligation to provide Survey Information to Kendy
USA LLC or Third Party, but an individual may receive incentives from Kendy USA LLC or a Third Party in exchange for providing
Survey Information to Kendy USA LLC.
1.2 Third
Party List Information.
Kendy USA LLC collects information from individuals
when an individual provides information to a third party and Kendy USA LLC subsequently purchases, licenses, or
otherwise acquires the information from the third party (the
"Seller"). Such purchased information may include, but is not
limited to, an individual's name, email address, street address, zip code,
telephone numbers (including cell phone numbers and carriers), birth date,
gender, salary range, education and marital status, occupation, industry of
employment, personal and online interests, and such other information as the
individual may have provided to the Seller (together, "Third Party List
Information"). When acquiring Third Party List Information, Kendy USA LLC seeks assurances from the Seller that the
Seller has a right to transfer the Third Party List Information to Kendy USA LLC and that the Seller has a right to provide
offers from advertisers to the individuals whose personal information is
included on the Seller's list.
1.3 Other
Information.
Other occasions when Kendy USA LLC obtains
information from individuals include (1) when an individual is making a claim
for a prize or seeking to redeem an incentive offered by Kendy
USA LLC or by a third party, (2) when an individual requests assistance
through Kendy USA LLC’s customer service
department, and (3) when an individual voluntarily subscribes to a Kendy USA LLC service or newsletter (together,
"Other Information").
1.4 Cookies,
Web Beacons, and Other Info Collected Using Technology.
Kendy USA LLC currently uses cookie and web beacon
technology to associate certain Internet-related information about an
individual with information about the individual in our database.
Additionally, Kendy USA LLC may use other new and
evolving sources of information in the future (together, "Technology
Information").
(a) Cookies.
A cookie is a small amount of data stored on the hard drive of the
individual's computer that allows Kendy USA LLC to
identify the individual with his or her corresponding data that resides in Kendy USA LLC’s database. You may read more about cookies
at http://cookiecentral.com. Individuals who use the Websites need to accept
cookies in order to use all of the features and functionality of the
Websites.
(b) Web
Beacons.
A web beacon is programming code that can be used to display an image on a
web page (by using an <img src="x">
programming function -- see http://truste.org for more information), but can
also be used to transfer an individual's unique user identification (often in
the form of a cookie) to a database and associate the individual with
previously acquired information about an individual in a database. This
allows Kendy USA LLC to track certain web sites an
individual visits online. Web beacons are used to determine products or
services an individual may be interested in, and to track online behavioral
habits for marketing purposes. For example, Kendy
USA LLC might place, with the consent of a third party website, a web beacon
on the third party's website where fishing products are sold. When Joe, an
individual listed in Kendy USA LLC’s database,
visits the fishing website, Kendy USA LLC receives
notice by means of the web beacon that Joe visited the fishing site, and Kendy USA LLC would then update Joe's profile with the
information that Joe is interested in fishing. Kendy
USA LLC may thereafter present offers of fishing related products and
services to Joe. In addition to using web beacons on web pages, Kendy USA LLC also uses web beacons in email messages
sent to individuals listed in Kendy USA LLC’s database.
(c) New
Technology.
The use of technology on the Internet, including cookies and web beacons, is
rapidly evolving, as is Kendy USA LLC’s use of new
and evolving technology. As a result, Kendy USA LLC
strongly encourages individuals to revisit this policy for any updates
regarding its use of technology.
1.5 Outside
Information.
Kendy USA LLC may receive information about
individuals from third parties or from other sources of information outside
of Kendy USA LLC including information located in
public databases ("Outside Information").
1.6 Individual
Information.
As used herein, Individual Information means Survey Information, Third Party
List Information, Other Information, Technology Information, and Outside
Information, and any other information Kendy USA
LLC gathers or receives about individuals.
1.7 No
Information Collected from Children.
Kendy USA LLC will never knowingly collect any
personal information about children under the age of 13. If Kendy USA LLC obtains actual knowledge that it has
collected personal information about a child under the age of 13, that
information will be immediately deleted from our database. Because it does
not collect such information, Kendy USA LLC has no
such information to use or to disclose to third parties. Kendy
USA LLC has designed this policy in order to comply with the Children's
Online Privacy Protection Act ("COPPA").
1.8 Credit
Card Information.
Kendy USA LLC may in certain cases collect credit
card numbers and related information, such as the expiration date of the card
("Credit Card Information") when an individual places an order from
Kendy USA LLC. When the Credit Card Information is
submitted to Kendy USA LLC, such information is
encrypted and is protected with SSL encryption software. Kendy
USA LLC will use the Credit Card Information for purposes of processing and
completing the purchase transaction, and the Credit Card Information will be
disclosed to third parties only as necessary to complete the purchase
transaction.
2. Use of
Individual Information.
2.1 Discretion to Use Information.
THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE
PURPOSE IN COMPANY'S SOLE DISCRETION.
The following paragraphs in Section 2 describe how Kendy
USA LLC currently uses Individual Information, but Kendy
USA LLC may change or broaden its use at any time. As noted below, Kendy USA LLC may update this policy from time to time. Kendy USA LLC may use Individual Information to provide
promotional offers to individuals by means of email advertising, telephone
marketing, direct mail marketing, online banner advertising, and package
stuffers, among other possible uses.
2.2 Email.
Kendy USA LLC uses Individual Information to
provide promotional offers by email to individuals. Kendy
USA LLC may maintain separate email lists for different purposes. If email
recipients wish to end their email subscription from a particular list, they
need to follow the instructions at the end of each email message to
unsubscribe from the particular list. To unsubscribe from all Kendy USA LLC’s email lists, a person must send an email
to unsubscribe@kendyusa.com. This
e-mail address is being protected from spam bots, you need JavaScript enabled
to view it
2.2(a) Content
of Email Messages.
In certain commercial email messages sent by Kendy
USA LLC, an advertiser's name will appear in the "From:" line but
hitting the "Reply" button will cause a reply email to be sent to Kendy USA LLC. The "Subject:" line of Kendy USA LLC’s email messages will usually contain a
line provided from the advertiser to Kendy USA LLC.
2.2(b)
Solicited Email.
Kendy USA LLConly sends
email to individuals who have agreed on the Websites to receive email from Kendy USA LLC or to individuals who have agreed on third
party websites to receive email from third parties such as Kendy USA LLC. Kendy USA LLC does
not send unsolicited email messages. As a result, statutes requiring certain
formatting for unsolicited email are not applicable to Kendy
USA LLC 's email messages.
2.3 Targeted
Advertising.
Kendy USA LLC uses Individual Information to target
advertising to an individual. When an individual is using the Internet, Kendy USA LLC uses Technology Information (see also
Section 2.5 below) to associate an individual with that person's Individual
Information, and Kendy USA LLC attempts to show
advertising for products and services in which the person has expressed an
interest in the Surveys, indicated an interest by means of Technology
Information, and otherwise. Kendy USA LLC may, at
its discretion, target advertising by using email, direct mail, telephones,
cell phones, and other means of communication to provide promotional offers.
2.4 Direct
Mail and Telemarketing.
Kendy USA LLC uses Individual Information to
advertise, directly or indirectly, to individuals using direct mail marketing
or telemarketing using telephones and cell phones.
2.5 Use of
Technology Information.
Kendy USA LLC uses Technology Information (1) to
match a person's Survey Information and Third Party List Information to other
categories of Individual Information to make and improve profiles of
individuals, (2) to track a person's online browsing habits on the Internet,
(3) to determine which areas of Kendy USA LLC s web
sites are most frequently visited. This information helps Kendy
USA LLC to better understand the online habits of individuals so that Kendy USA LLC can target advertising and promotions to
them.
2.6 Profiles
of Individuals.
Kendy USA LLC uses Individual Information to make a
profile of an individual. A profile can be created by combining Survey
Information and Third Party List Information with other sources of Individual
Information such as information obtained from public databases.
2.7 Storage of
Individual Information.
Kendy USA LLC stores the Individual Information in
a database on Kendy USA LLC computers. Our computers
have security measures (such as a firewall) in place to protect against the
loss, misuse, and alteration of the information under Kendy
USA LLC 's control. Notwithstanding such measures, Kendy USA LLC cannot guarantee that its security measures
will prevent Kendy USA LLC computers from being
illegally accessed, and the Individual Information on them stolen or altered.
3.
Dissemination of Individual Information.
3.1 Sale or Transfer to Third Parties.
Kendy USA LLC MAY SELL OR TRANSFER INDIVIDUAL INFORMATION
TO THIRD PARTIES FOR ANY PURPOSE IN Kendy USA LLC 's SOLE
DISCRETION.
3.2 Order
Fulfillment.
Kendy USA LLC will transfer Individual Information
to third parties when necessary to provide a product or service that a person
orders from such third party while using Kendy USA
LLC web sites or when responding to offers provided by Kendy
USA LLC.
3.3 Legal
Process.
Kendy USA LLC may disclose Individual Information
to respond to subpoenas, court orders, and other legal processes.
3.4 Summary
Data.
Kendy USA LLC may sell or transfer
non-individualized information, such as summary or aggregated anonymous
information about all persons or sub-groups of persons.
3.5 Access.
Individuals have access to their Individual Information collected to provide
an opportunity for an individual to correct, amend, or delete such
information. Access can be obtained by contacting info@kendyusa.com. This e-mail address is being protected from
spam bots, you need JavaScript enabled to view it Kendy USA LLC may also grant
advertising clients and email services providers’ access to an individual's
email address to verify the origin of the Individual Information collected.
4. Privacy
Practices of Third Parties.
4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together,
"Advertisers") who place advertisements on the Websites and on the
Internet generally may use their own cookies, web beacons, and other
technology to collect information about individuals. Kendy
USA LLC does not control Advertisers' use of such technology and Kendy USA LLC has no responsibility for the use of such
technology to gather information about individuals.
4.2 Links.
The Websites and email messages sometimes contain hypertext links to the web
sites of third parties. Kendy USA LLC is not
responsible for the privacy practices or the content of such other web sites.
Linked web sites may contain links to web sites maintained by third parties.
Such links are provided for your convenience and reference only. Kendy USA LLC does not operate or control in any respect
any information, software, products or services available on such third party
web sites. The inclusion of a link to a web site does not imply any
endorsement of the services or the site, its contents, or its sponsoring
organization.
4.3 Affiliated
Companies.
Kendy USA LLC may disclose, transfer, and sell
Individual Information to entities affiliated with Kendy
USA LLC in Kendy USA LLC 's
discretion.
5. Unsubscribe
Procedures.
If you wish to discontinue receiving email messages from Kendy
USA LLC, you have several options:
(a) Unsubscribe from one email list.
To unsubscribe from a particular list, either (1) send an email to unsubscribe@kendyusa.com This
e-mail address is being protected from spam bots, you need JavaScript enabled
to view it or (2) follow the instructions in each promotional email
message sent by Kendy USA LLC.
(b) Unsubscribe from all of kendyuas.com's email
lists.
We reserve the right to add Individual Information to multiple lists
maintained by GoSunSolutions. To globally
unsubscribe from all of Kendy USA LLC’s lists, send
an email to unsubscribe@kendyusa.com. This e-mail address is being protected from
spam bots, you need JavaScript enabled to view it
For more information about protecting your privacy, you may wish to visit:
www.ftc.gov
If you have questions about this policy, please contact us at info@kendyusa.com. This
e-mail address is being protected from spam bots, you need JavaScript enabled
to view it
|