Effective Date of Current Policy: July 23, 2020
AGE OF CONSENT:
By accessing KILOGEAR, Inc., services, you represent that you are at least the age of majority in your state, province and country of residence, and you agreed to have given us your consent to allow any of your minor dependents to use the services.
COLLECTION OF YOUR DATA AND INFORMATION:
We collect information that you provide directly to us when you use our website, social media accounts, shop at our events or in our pop up stores, call us on the phone, send us an email, create an online account, sign up to receive our emails, newsletters, blogs, participate in a giveaway, contest, promotion or survey, communicate with us via third-party social media sites such as Facebook or Instagram, attend a KILOGEAR Fitness class, request customer support, apply for a job, consult on a project, sign up as an Influencer or Ambassador or otherwise communicate with us. Providing your personal information is voluntary. If you do not provide some or all of the information we request, we may not be able to provide you with certain products, services or information.
The types of information you provide directly to us and we collect include, but are not limited to your name, age, height, weight, username, password, email address, date of birth, gender, shipping address, billing address, zip or postal code, country, telephone number, credit card or payment information, product and communication preferences, family members, demographic information, or any other information that could be used to contact you or any other information that you may choose to disclose to KILOGEAR Inc. If you purchase a gift card, a gift, schedule a pickup, a KILOGEAR Fitness class, we may collect information you provide about others. We use this information to fulfill your requests and will not send marketing communications to your contacts unless they separately opt in to receive communications from us. Below are the situations when we collect information and the types of information we collect:
When you purchase or exchange/return a product, we collect information about the transaction, such as product details and the date and location of the purchase/return, the reason for the return, the type of discussions and information regarding the exchange of information.
When you access our website from a mobile or smartphone device, or download and use our mobile applications and services, we may receive information about your location and your mobile device, such as unique device identifiers. When you use our website or mobile applications, you give us the permission to collect information via GPS, WIFI, or cell towers. You can opt out of this through your device settings even though we do not control this. The mobile applications and services may use geolocation features to support the use of services that require location based tools. In some situations, you may connect with Facebook and import Facebook information. This information could include your friend’s names and contact lists. If you agree to connect our applications with Facebook and to share information to your contacts, you grant us permission to access and use this information. At this point, you represent and warrant that you have the right to share and transfer your contacts with us and that we have the right to use this information, that this does not violate the rights of any third party. We do not control the information Facebook collects about or from you. You may opt out from any mobile applications or withdraw any permissions you grant us.
Creating a profile, sharing goals and comments on our social media sites or websites, registering or filling in forms on the sites, in stores, or at pop up events. This includes information you may provide when you make a purchase either online or in person, request additional information about our products and services or sign up to receive our emails, notices, alerts, sales, newsletters or coupons.
When you use any KILOGEAR, Inc. Service, App or subscribe to any Subscriptions or on-site, live sessions, you will be given the opportunity to create a “User Profile” and when you do so we may ask you to provide information about yourself such as a username, email address, weight, height, age, location, birthday, phone number and image or avatar. Your cell phone, email address and username are required to set up a User Profile; the rest of the information that you may provide is optional.
Once your User Profile is created, anytime you log in, we will collect additional information and add it to your User Profile, to include the total number of classes taken, the dates you took those classes, fitness performance history.
You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including KILOGEAR, Inc., to identify you and therefore you may not be anonymous.
We collect information about your use of our website (log file information). This includes the type of browser you use, access date/times, pages viewed, activities and actions while visiting our websites and social accounts, your Internet Protocol (“IP”) address and the referring link through which you accessed our websites. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. We track and aggregate certain information about the visits to our website to analyze trends and statistics such as general traffic flow and feature usage related to our websites. We compile traffic-based statistics that show the numbers and frequency of visitors to our website and its individual pages. These are an aggregated report that we use internally to better understand our website traffic, manage our website, and help diagnose any problems. We may also aggregate such information and make it available to others as part of its business; however, we will not identify you when providing such information or make it possible to identify you by others in providing this information.
Our websites, online advertisements, and emails use first and third-party “cookies”, pixel tags, and other technologies to automatically collect information about you. This includes things like your device type, browser type, pages viewed, links clicked, and other actions you take in connection with our websites, online advertisements, and email. Cookies and other like technologies within a web browser allow us to collect and store data as you visit our websites. We use this information to help us better understand how our website is used so we can provide a better user experience, web page navigation, better security and market our products and services more successfully.
We use Google Analytics. To opt out of being tracked by Google Analytics across all websites please visit http://tools.google.com/dlpage/gaoptout. We also may use other analytic means to evaluate our Services. We also collect information such as the frequency of user visits to the sites and services, the routes by which you access our content and the use of any hyperlinks.
We also receive information about you from other sources, including service providers such as Shopify, PayPal, and Google, and through your interactions with us on social media websites.
Product feedback and design feedback, testimonials and reviews, consumer surveys, opinions, and concerns.
PROTECTING YOUR INFORMATION:
The transmission of information via the Internet, WIFI or e-mail is not completely secure. We do our best to protect your personal information that you submit to us. However, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use commercially reasonable procedures and security features to try to prevent unauthorized access. Many sites and services are NOT confidential and are available for public viewing and by visiting these sites and participating in the services, you consent.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
HOW WE USE YOUR INFORMATION:
We may use your personal information internally, separately or in combination with pre-existing information, for the following purposes:
- To produce, develop, enhance, market, sell or otherwise provide information, products or services. To fulfill your order, shipping products to you, or others you designate, sending emails to you, or others you designate, to confirm your order status and shipment and to process merchandise returns.
- Create and conduct commercial relationships, including the processing of purchases, transactions and to conduct or administer other transactions that you may engage in with us online, through sites, mobile, at events, at pop-up stores.
- To conduct, facilitate or administer contests, giveaways, sweepstakes or other promotions in which you have participated;
- To provide customer service, contact, respond and/or any communications that you may have had with us, resolve and troubleshoot problems;
- To improve your shopping experience, personalize and customize your experience or homepage on the Sites;
- To develop and operate our business and operations;
- To organize local community events, promotions and in-store experiences;
- Fulfill any contracts we have with you.
- To identify, prevent, detect, reduce, and protect us and other third parties against error, negligence, breach of security, contract, fraud, theft and other illegal activity or activities that are or could be prohibited or illegal.
- To conduct security investigations, identify risk, comply with, any legal or regulatory requirements or provisions;
- If required to do so by law or through legal processes, or if we determine at our sole discretion in order to protect KILOGEAR Inc., third parties or other uses of our sites and services, to access, preserve, disclose and use your personal information contained in your account, all submissions, all communications to and from you and all information relating to your use of the sites, applications and services.
- To verify and authenticate information or for any other purpose to which you consent.
Personal information collected by us may be transferred to, stored and processed in the United States, the United Kingdom, Ireland, Canada, Japan, Australia and New Zealand. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
HOW WE SHARE YOUR INFORMATION:
HOW AND WHERE WE STORE YOUR INFORMATION:
We have the right to store your personal information only for as long as we deem it necessary to meet the goals for which it was collected. We reserve the right to retain it to the full extent not prohibited by law. We may delete personal information at our discretion, so you should retain your own records, and not rely upon our storage of any personal information, content, purchases or other data. When we no longer need to store this information, we will either delete it securely or irreversibly anonymize it. When we delete any information, it will be deleted from our active databases but may remain in our archives.
Regarding the privacy interests of children, we ask parents and guardians to take an active role in their children's online activities and interests. Our sites are not intended for children under the age of 18 and we do not target our services or the sites to children under 18.
We take reasonable measures to protect your personal information and prevent such information from unauthorized access, disclosure, or use. There can never be a guarantee of data security. If we or another Recipient is required to provide notice of unauthorized access to or other invasion of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our website or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.
THIRD-PARTY PAYMENT PROCESSING
If, at any time, you prefer not to receive further email communications from us, except in connection with information, products or services that you specifically request, you can unsubscribe from such communications by means of a link provided in every email that is sent to you.
EMAIL, TEXT AND TELEPHONE COMMUNICATIONS:
We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
KILOGEAR, Inc. may occasionally send you push notifications via SMS, through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. KILOGEAR, Inc. may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.
DISCLAIMER OF WARRANTY:
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
LIMITATION OF LIABILITY:
Your use of the Site is at your own risk. Neither KILOGEAR Inc., nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if KILOGEAR Inc., has been advised of the possibility of any such damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
NEW JERSEY RESIDENTS:
No provisions in these Terms and Conditions should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility of Eminent, Inc. owed to consumers. All provisions of these Terms and Conditions, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to New Jersey consumers only to the fullest extent permitted by New Jersey law and in no event shall the waivers, disclaimers, or limitations on Eminent, Inc.’s liability exceed the limits allowable under the laws of the State of New Jersey. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
The California Civil Code Section 1798.83 permits customers of KILOGEAR, Inc. who are California residents to request specific information regarding how we share personal information to third parties for direct marketing purposes.
CALIFORNIA DO NOT TRACK DISCLOSURE:
Do Not Track is a privacy preference users can set in their web browsers. When turned on, the “Do Not Track” signal sends a message to websites requesting them to not track the user. For information about this feature, please visit www.allaboutdnt.org.
If you are a European Union resident, you have the right to review, verify, correct, and request erasure of your personal information that we hold about you under certain circumstances. If you want to review, verify, correct, or request erasure of your personal Information; limit, restrict, or object to the processing of your Personal Information; or request a transfer of your Personal Information to another party, please contact us info@KILOGEAR.COM. When you contact us, we will respond as soon as possible. If there is a cost associated with your requests, you will be responsible for covering those costs. You have the right to limit, restrict, or object to the processing of your personal information under certain circumstances. You may also have the right to request that we transfer your personal information to another party to the extent provided for under applicable data privacy laws. For more information on your rights, please see https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
COMMUNICATIONS AND COMPLAINTS:
All communication, complaints, or requests should be in writing to us at firstname.lastname@example.org.
Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
APPLICABLE LAW; DISPUTES; REMEDIES:
The laws of the State of California will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit www.KILOGEAR.ca, www.KILOGEARCUT.ca, www.KILOGEARFITNESS.com or products purchased on all websites, mobile applications, pop up events or stores and other services, shall be submitted to confidential arbitration in Los Angeles, CA except in regards to issues regarding violations of KILOGEAR Inc., intellectual property rights, which we may seek relief from in any state or federal court in the State of California. By using our websites and services, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the state and federal courts of California.
SURVEYS AND REVIEWS:
RESEARCH AND DEVELOPMENT:
KILOGEAR, Inc. may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, KILOGEAR, Inc. may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
REGISTRATION FOR SWEEPSTAKES OR CONTESTS:
Occasionally, KILOGEAR, Inc. may run sweepstakes and contests. We ask those who enter sweepstakes or contests to provide contact information (e.g., a phone number or an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.