Your Privacy Rights
1. Information Collected
In order to access certain products, services and areas (collectively, the "Services") within the Websites, you will be asked to disclose certain identifying information (collectively, "Personal Information") listed in the online Member Registration page or other pages within the Websites. This information may include your legal name, address, shipping address, phone number, e-mail address, subscriber or user name, information concerning your ownership of products sold by KMC, areas of interest and password used to access the Services. KMC reserves the right to request any additional information necessary to establish and maintain your account for use of any of the Services available on the Websites.
When you purchase products from us, we may note, for example, the type of products ordered and other Services requested or purchased and the date of the order or purchase, in addition to credit card information related to the purchase. You may provide us other types of Personal Information when you visit a Website, including when you participate in activities on the Website such as sweepstakes, contests, games and informational and promotional offers, and when you provide information to our customer service representatives.
In addition to information that you provide us, we automatically track certain information based upon your behavior on a Website and in connection with the Services. We use data collection devices, such as cookies or web beacons, on certain pages of the Websites to help analyze our web page flow, website performance and structure content, store your user preferences, and track and enhance your experience as a user on the Websites. Cookies are pieces of information that a Website transfers to an individual's computer for record keeping purposes. These cookies will be placed as a text file in the browser of your computer. Web beacons are small pieces of data that are embedded in images on the pages of a Website. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. Other information that we may automatically collect includes computer type; browser-type and plug-ins; operating system; java script enables; domain registration and configuration; and geographic location. Additionally, we may automatically collect the Uniform Resource Locator (the "URL") of the web pages that you view. The URL is the location of the web page. We may collect the URL that you just came from (whether this URL is on a Website or not), which URL you next go to (whether this URL is on a Website or not), your computer browser information and your Internet Protocol ("IP") address. Your IP address is a unique numerical address consisting of four numbers separated by periods which provides the location of an individual computer on the Internet. IP addresses are used to designate the computer from which you are accessing the Websites.
2. Uses of Personal Information
Personal Information collected as provided above is the property of KMC, subject to and protected by applicable laws. We use the Personal Information to provide the Services to you and to contact you with information about our products and services, including reports and customer notifications. In addition, Personal Information collected by KMC will be used by KMC for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of your behavior while using the Websites, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of the Websites. Names, postal and e-mail addresses collected may be added to KMC's databases and used for future communications and mailings regarding Websites updates, consumer surveys, new products and services, upcoming events, and status of orders placed online.
3. Consent to Processing and Transfer of Personal Information
The Websites are operated in the United States. Given that KMC is part of an international family of businesses, our use of your information may involve the transmission of data on an international basis. This Website is not intended to collect Personal Information from residents of the European Union, and KMC’s data collection processes are not designed to facilitate the use or storage of such information. Accordingly, KMC’s privacy policies do not comply with the European Union’s General Data Protection Regulation. If you are located in the European Union, Canada or elsewhere outside the United States and KMC , unknowingly collects Personal Information from you, (i) we may use your email address for the sole purpose of responding to your request or question on a one-time-only basis, (ii) your Personal Information will not be used in any way, and (iii) we will make reasonable efforts to promptly delete such information from our database. If you are located elsewhere outside the United States and the European Union, please understand that information we collect may be transferred to and processed in the United States. By using any of the Websites, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.
4. Disclosure of Personal Information
Except as expressly set forth herein, or unless authorized as part of your Member Registration, as a part of your shopping experience or as a part of your interest in any Services, KMC will not sell, rent, swap or otherwise disclose your Personal Information to any entity with KMC is not affiliated.
KMC reserves the right to disclose to third parties information about your usage of the Websites and any related services, including information gathered during your use of the Websites. Any third party to which KMC rents, sells, shares or otherwise discloses personal data will be carefully pre-screened by KMC, determined by KMC to be reputable, and will use the personal data for marketing products and services which KMC determines, in its sole judgment, that you might find of interest. Generally, KMC will disclose such information to third parties only in the form of aggregate data (such as overall patterns or demographic reports) that does not describe or identify any individual user. KMC reserves the right, however, to disclose more specific information to the dealer you designate as a part of your Member Registration, as a part of your shopping experience or as a part of your interest in any Services and to other third parties, unless you select the "Opt-out" option during the member registration process or thereafter by using the applicable functionality available for updating your Personal Information.
We may provide aggregated, non-personally identifiable information to third parties for any legal purposes whatsoever, such as the number of users who searched for a particular term or item, or how many users clicked on a particular page or item on a Website. Such aggregated information does not identify you personally.
5. How We Protect and Store Personal Information
We protect your Personal Information by maintaining physical, electronic and procedural safeguards in compliance with applicable U.S. federal and state regulations. We use computer safeguards such as firewalls and data encryption, and we authorize access to Personal Information only for those employees who require it to fulfill their job responsibilities. ALTHOUGH WE EMPLOY MANY DIFFERENT SECURITY TECHNIQUES TO PROTECT SUCH DATA FROM UNAUTHORIZED ACCESS BY USERS, ABSOLUTE SECURITY DOES NOT EXIST ON THE INTERNET. KMC will have no liability for disclosure of Personal Information due to errors in transmission, unauthorized acts of third parties or through the use of third party cookies including those of advertisers when you view or click on their advertisements.
6. Children's Online Privacy
This Website is not intended for use by children under 13. As part of our compliance with the Children's Online Privacy Protection Act, we do not knowingly collect names and email addresses from children under 13. In the event a child under the age of 13 submits a request or question to us on a Website and identifies his or her age, we may use the child's email address for the sole purpose of responding to the child's question on a one-time-only basis. However, we will not use the child's email address for subsequent contact with the child, and we will delete that address from our records once we have responded. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our database.
We do not sell or knowingly divulge ANY personally identifiable information regarding children under 13 to third parties, unless otherwise required to comply with applicable laws, to comply with a court order or subpoena, to enforce our Terms and Conditions of Use, or to protect the safety and security of our users and our Websites.
Children should check with their parent or guardian before entering personally identifiable information on any website, and we urge parents and guardians to discuss with their kids restrictions regarding the online release of personally identifiable information to anyone they don't know.
7. User Access to Personal Information Collected
You may access, modify, correct, change or update your Personal Information at any time through the Member Registration page by using the applicable functionality available for updating your Personal Information. Your Personal Information and any related information is password-restricted for your protection. You may also change your password when you use the functionality available to access your Personal Information.
8. Opt-Out Right
If you do not wish to receive any special offers or other communications from KMC, its dealers or third parties, you have the right to select the appropriate option during the membership registration process or when you submit your Personal Information. In addition, at any time after you have registered, you may "Opt-out" using the applicable functionality available for updating your Personal Information.
In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our Terms and Conditions of Use, we may retain in our files information you have requested us to remove. Further, your Personal Information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your Personal Information will be completely removed from our databases in response to your requests.
We reserve the right to send you certain communications related to this Website that are considered part of your account, such as technical alerts, without offering you the opportunity to opt out of receiving them. In some cases, your account may expire or be terminated under our Terms and Conditions of Use. If so, you may contact us at email@example.com to update your information and opt-out choices (to the extent that we still retain them).
9. Links to Non-Affiliated Websites
11. KMC's Right to Contact You; Contacting KMC
12. Your California Privacy Rights
California Civil Code section 1798.83 permits individual Website users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to firstname.lastname@example.org.
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