Privacy Policy

PRIVACY POLICY


Updated September 6, 2020


  1. GENERAL

This “Privacy Policy” describes our policies, and your choices, regarding the collection, use, and disclosure of certain information about you, including your Personal Information (as defined below), by Ken Ahbus LLC (hereafter collectively referred to as “we”, “us”, and “Company”). The purpose of this Privacy Policy is to inform you:


    1. What Personal Information we may collect from you when you visit Company Sites and/or use Company Services.
    2. How we use, process and protect such Personal Information.
    3. The rights, protections and choices you have regarding our use of, and your ability to review, correct and remove Personal Information.

  1. ACCEPTANCE OF PRIVACY POLICY

By visiting or browsing the Company Sites (as defined below), as well as the use of Company services, including but not limited to those offered through our websites, emails, and applications (collectively, the “Company Service” or “Company Services”), you are accepting and actively consenting to the practices described in this Privacy Policy. You are free to choose not to provide certain Personal Information, but then you might not be able to take full advantage of many Company Site and Company Service features, including making purchases.


Company Sites” refer to any website domain name registered to Company, including, but not limited to https://kenahbus.com/



  1. PERSONAL INFORMATION WE COLLECT

For the purposes of this Privacy Policy, the phrases “personally identifiable information”, “personal information” or “personal data” (hereinafter referred to a “Personal Information”) means contact information and any other non-public information that is used or intended to be used to personally identify an individual or household, and any other non-public information that is associated with that information, such as your name, address, telephone number, etc.


We may collect and store Personal Information about you in connection with your use of the Company Service, including any Personal Information you transmit to or through a Company Site. We receive and store any data you enter on the Company Service or provide to us in any other way, including but not limited to signing up for an account, making a purchase on a Company Site, using the Company Service directly or through one of Company’s third-party providers, signing up to our marketing email mailing list, any communication with our customer service representatives, or participating in our surveys, contests, sweepstakes and promotions. Even when we do not retain certain Personal Information, it may be transmitted to our servers initially and stored long enough to process such Personal Information. 

  1. PERSONAL INFORMATION PROVIDED BY YOU

As mentioned above, any information you volunteer for the purpose of using a Company Site or using a Company Service can be collected, including:


    1. Required account set up details such as your name, email address, address or postal code, telephone number, password, birth date, payment authorization and any other information necessary to complete and record purchases and other transactions, as applicable.
    2. Data on physical characteristics, which may include weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size).
    3. Optional information provided during the use of a Company Site, including, if applicable, reviews or ratings submitted, taste preferences and personal interests, account/profile settings, and information provided via participation in contests, surveys and/or marketing promotions (including gender, occupation and income level).
    4. Personal preferences including your wish list as well as marketing preferences.
    5. Your activity on a Company Service, such as product selections, order history, search queries and schedules of use or information otherwise provided to us through a Company Service or elsewhere, if applicable.
    6. Communication data such as your interactions with our email, details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any calls, video and/or chat conversations, and if you call us, your telephone phone number.

  1. INFORMATION FROM OTHER SOURCES

We may obtain information about you from third-party sources. Examples of information that we may receive from other sources include:

    1. Updated delivery and address information from our carriers or other third-parties, which we use to correct our records and deliver your next purchase or communication more easily.
    2. Credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
    3. Data from other third-party providers that help us provide you with personalized and/or relevant information and offerings.

  1. AUTOMATIC/ANONYMOUS DATA

Some of the data is collected and logged by us automatically and/or anonymously in order to make a Company Site and the Company Service more useful to you. Here are some other examples of such information that we collect that is not directly provided by you:


    1. Data Collected by Company Servers: Company’s servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (every device has a unique number, or IP Address, that is automatically assigned to your device when you use the Internet, which may change between sessions of use), your domain name, the date and time stamp of your visit, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, and clickstream data. We use this information to recognize and analyze trends, administer Company Services, track our users’ movement throughout Company Services, compile demographic information about our overall user base, and adapt Company Services to our users’ needs.
    2. Cookies, web beacons, and advertising identifiers: Like most sites, Company’s Services may use what are known as “cookies” in certain instances, or similar technology such as web beacons, and advertising identifiers, which may use small text files to store a randomly assigned ID and a website reference ID to make your device recognizable to Company. This technology is generally not used to store Personal Information. Cookies and other similar technology, as they now exist or develop, are used by Company to help remind us of our users’ identities and tailor Company Services to reflect our users’ personal interests, estimate our audience size, process user orders, facilitate and track user involvement in any of our contests, sweepstakes and other promotions, and analyze the visiting patterns of our users. In other cases, our web pages contain content or ads from other companies, such as videos, news content, or ads delivered by other ad networks that contain such technology. Because your browser connects to web servers operated by other companies to retrieve that content, those other companies are able to set or read their own cookies on your device and may collect information about your online activities across websites or online services.
    3. Device Information: If you use a Company Service via a computer, phone, tablet or any other electronic device application or “App”, Company may choose to collect Personal Information about the device you use to access the  Company Service, including your device’s hardware model, the name and version of your operating system, your MAC address, the unique ID of your device, and what mobile network you are using. Please note that Company has no control over what Personal Information your device’s platform operator, such as Apple and Google, collects and uses. We suggest in addition to this document, you review your platform operator’s privacy policies to gain a better understanding of their own standards and practices regarding Personal Information.
    4. Location Information. We may collect or infer information about your general location when you access or use the Services. This lets us serve you location-based ads. We also use this information for our internal purposes to further develop and improve our services. You can opt-out of the collection of precise geolocation information at any time (see Your Choices below for details).
    5. We infer new information from the information we collect, including using automated means to create or generate information about your likely preferences, interests, or other characteristics. For example, we may infer your city, state, and country location based on your IP address or zip code. We may also infer products or services that may interest you based on your prior purchases with us, our vendors, or other companies you engage with.
    6. Advertiser Collected Data: Company may use third-party websites and advertising networks and companies including, without limitation, social media sites including Facebook (“Ad Companies”) to display ads for or on Company Services. Some of these companies deliver advertising and content based on your activity across websites and over time. Company collects information from these advertising services as set forth herein and the privacy policies of such Ad Companies. Such information may include but not be limited to: your use of a Company Service, your IP address, your ISP, as well as the browser you used to visit a Company Site or the device you used to engage with a Company Service. The Ad Companies and third-party websites use cookies and other technology to track data about you, both on and off of the Company Sites. The information is collected by Company for analysis and visiting patterns, and may also be used, should a visitor to a Company Site become a user, to deliver targeted advertising based on your interests. Company is not responsible for the Ad Companies’ or other third-party sites’ collection, protection or use of your Personal Information. We suggest that, prior to using such third-party sites, you review their privacy policies to learn about their use of your information, as well as their implementation of cookies and similar technologies. If you would like more information about the practice of placing cookies on your device and to learn more about your choices regarding not having this information used by Company or any other third-party companies, please visit HTTP://WWW.ABOUTADS.INFO/CHOICES.

  1. SHOPIFY

Our store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. If you choose a direct payment gateway to complete your purchase with us, then Shopify stores your credit card data. For additional information, you may want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).



  1. HOW WE USE PERSONAL INFORMATION

We use your Personal Information in lawful, relevant, legitimate, ways to provide a wide variety of services at your request and better your experience with Company Sites. Specifically, we might use your Personal Information for the following purposes, among others:


    1. Business Operations. To operate our business, such as: billing, accounting, improving our internal operations; securing our systems, and detecting fraudulent or illegal activity; monitoring and analyzing trends, usage and activities in connection with our Services; and for any other business purpose permitted by law.
    2. Performing general services and functionality, such as creating an account for you, managing our email suppression lists, processing your orders and payments, confirming and tracking your order, analyzing trends and statistics, providing updates and support where needed, administering prize draws and competitions which you choose to enter – including publishing the names of winners, if required, and tailoring the features, performance and support of our services to you (and your personalized recommendations).
    3. Determining your geographic location and demographic information and providing you with customized and personalized product recommendations that we think are compatible with your interests, determining your Internet service provider, and helping us quickly and efficiently respond to inquiries and requests.
    4. Communicating with you concerning our service (for example by email, push notifications text messaging, online messaging channels and other methods), so that we can send you news about Company Services, updates about new Company Service features and/or products, contests, sweepstakes, special offers, promotional announcements and consumer surveys, and assisting you with operational requests such as password reset requests. Please see the “EDITING, CORRECTING AND DELETING PERSONAL INFORMATION” section of this Privacy Policy to learn how to set or change your communications preferences.
    5. Providing technical support and sending service messages (for example, to let you know if a new version of one of our Apps is available, or if there will be any maintenance carried out on a Company Service) and responding to your requests, resolving disputes and/or troubleshooting problems.
    6. Enforcing our rights and terms of service and prevent, detecting and investigating potentially prohibited or illegal activities, including fraud, and enforcing our terms (this may include preventing copyright infringement, protecting our customers against abuse, determining special offer eligibility and any number of important actions).
    7. Marketing our products and services (and those of third-parties) to you that we believe may be of interest to you based on your browsing and viewing behavior and other demographic information we hold about you. This may also involve sending marketing materials to you, including product recommendations and special offers in accordance with your chosen marketing preferences/choices.
    8. Analyzing your use of a Company Service, including user interface experiences, to help us to understand how the services are used, analyze and understand our audience, optimize product selection, recommendation algorithms and delivery, thereby improving the Company Service for everyone. This may include inviting you to participate in surveys, user testing and panels.
    9. To serve you better, we may combine Personal Information you give us online via various Company Sites and Company Services. We use that combined Personal Information to enhance and personalize your experience with us, and to communicate with you about our products and events that may be of interest to you.
    10. In certain instances, we may disclose your Personal Information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Company or to others. Company may also disclose your Personal Information when we believe the law requires it, as further described in the Necessary Disclosures section below.
    11. We may also use your Personal Information to aggregate or anonymize certain information that we collect from you to create anonymous information records by excluding information that makes the information personally identifiable to you. We reserve the right to use anonymous information for any purpose, including but not limited to: (i) analyzing reviews and consumption behavior to improve our ratings; (ii) tracking logins to personalize your experience (including by tailoring products to you); and (iii) enhancing the Company Sites or Company Services and the content of our software.
    12. We will mainly communicate with you via email. You can easily manage the frequency (or opt out completely) of receiving such communication by clicking the “unsubscribe” link at the bottom of any emails we send. Please note that we may send you important Company Service-related communication (including information relating to your account, transactional communications, or substantive issues that may affect your experience with our services), even if you have unsubscribed to marketing communications.

  1. HOW WE DISCLOSE PERSONAL INFORMATION

Personal Information as supplied by you to Company will not be disclosed outside of Company except as described below and elsewhere in this Privacy Policy. All of the below third-party partners are contractually obligated to follow at all times the current and applicable practices of data protection as set forth by the law and maintain the standards set forth in this Privacy Policy.


    1. Third-party Service Providers. We may share your Personal Information with our third-party service providers that help us provide a Company Service, such as companies that help us process payments for goods and services including, without limitation, Shopify. We may also make some or all of the Company Services available via third-party websites and apps. Please note that while you may be able to make purchases from us via third-party websites, the information that you provide to such third-party websites in order to make such transactions will be made available to them (as well as Company) for the purposes of facilitating such transaction. Any third-party websites are party to their own rules and regulations regarding acquisition, usage and protection of personal information. Please visit that third-party site’s privacy policy for more information.
    2. Vendors, Service Providers and Consultants. We share information with our vendors and service providers that help us run our business. For example, we share contact information and transaction information with companies that help us:
      1. Process, fulfill, ship and deliver your orders.
      2. Provide customer service and resolve complaints.
      3. Identify, investigate and prevent fraudulent transactions.
      4. Provide installation and warranty services.
      5. Communicate with you, provide recall or emergency notices.
      6. Analyze data or member activity.
      7. Design and execute our marketing campaigns, administer our promotions, and provide advertising services.
      8. Investigate and resolve claims.
      9. Allow you to order products online and have them delivered.
    3. Third-party Tracking Services: Company allows third-party tracking services such as Google Analytics to monitor Company Sites and Company Services which may involve the collection of Personal Information. If such Personal Information is tracked by third-party services, the information will be anonymous and for statistical and analytics purposes only unless further agreed upon by you. See our Advertiser Collected Data section above.
    4. Corporate Restructuring: In the occurrence of (or negotiation of) a merger, financing deal, sale, dissolution, transfer, divestiture, or disclosure of some or all of our assets, we may share some or all of your Personal Information as is legally or contractually obligated, or as required by virtue of such Personal Information becoming transferred as a business asset in the event of insolvency, bankruptcy, or receivership. If any of the above were to occur, and our company, business and/or assets are acquired by a third-party, such third-party will assume all right and responsibility to your Personal Information as set forth in this Privacy Policy.
    5. Necessary Disclosures. Please be advised that, regardless of the choices you make regarding your Personal Information, Company may be required to disclose such Personal Information as necessary to comply with any current or future state, federal or international laws and regulations, to cooperate with a legal investigation(s), subpoena(s) or warrants served on Company, to defend or protect our rights, property (including copyright) or our users (including you) and to investigate or assist in preventing any violation of the state, federal or international law (potential or actual), Company’s Privacy Policy, or Company’s Terms of Use.

  1. SOCIAL NETWORKING

Company does not share your Personal Information with any social networking service or “SNS” (e.g., Facebook or Twitter). You may voluntarily contribute information, feedback and commentary to an SNS, either via the Company Sites (for example, by sharing information about a product on a Company Site) or directly on the SNS site. However, if you choose to share information or post content to a SNS site regarding one or more of our products or a Company Service, you are solely responsible for your use of those websites. It will be your responsibility to follow the terms of use of such third-party website and review their privacy policy. We cannot and will not in any way be responsible for any activity that occurs on such SNS, including your own activity or use of such website.



  1. THIRD-PARTY SITES

A Company Site may contain links to web sites operated and maintained by third-parties. In addition, such third-party sites may reference, advertise, or link to a Company Site. Company has no control over these third-party web sites. Privacy policies on such linked sites may be different from our Privacy Policy. Company does not endorse or sponsor other web sites, is not responsible for the privacy practices or the content of non-Company Sites, expressly disclaims any statements or assertions made on such web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisement. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any Personal Information on such site.



  1. WHERE WE STORE PERSONAL INFORMATION

Your Personal Information will be stored in the United States and/or Canada or such other location as determined by Shopify. By visiting or browsing the Company Sites and using the Company Services, and by providing your Personal Information to Company, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to the collection, storage, and processing of such information in the United States and such other locations as determined by Shopify and the terms of this Privacy Policy.




  1. EDITING, CORRECTING AND DELETING PERSONAL INFORMATION

You can request access to your Personal Information, or correct inaccurate Personal Information by contacting hey@kenahbus.com 


Company will keep your Personal Information for as long as you use a Company Service or visit a Company Site and for an amount of time after you have stopped using the Company Service or visiting a Company Site for administrative and analysis purposes only. Notwithstanding the foregoing, Company will immediately delete any personally identifiable Personal Information if you specifically request its immediate deletion at the time you stop using the Company Service by contacting hey@kenahbus.com; provided that, Company may reject requests that are unreasonable or not required by law, including those that could require disproportionate technical effort, would be extremely impractical, could expose Company to operational risks such as fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Company Terms of Use, and take other actions otherwise permitted by law. Notwithstanding the forgoing, Company may keep an anonymized form of your Personal Information for a longer period, but such data cannot in any way be connected to you. Company’s payment partners will keep certain payment information for as long as required by law.


Please remember that if you delete certain Personal Information you may not be able to continue to use Company Services or access certain pages of a Company Site without entering additional information.



  1. YOUR CHOICES

You have the following choices regarding how Company and third-parties use certain Personal Information collected from or about you:


    1. Elect Not to Provide Personal Information. You may always choose not to provide Personal Information, even though it might be needed to make purchases or otherwise use the Company Services or to take advantage of Company Site features.
    2. Email. If you no longer want to receive certain communications from us via email simply click the “unsubscribe” link in the email.
    3. Interest-Based Ads. If you are using a browser or a mobile device, tablet, or streaming media device, then cookies, web beacons, and advertising identifiers can be used to collect information to help determine your likely interests via interest-based ads. You can set the preferences of your browser to inform you when cookies or web beacons are sent, which will provide you with an opportunity to either accept or deny them. Please review your browser settings and instructions (generally via a “Help” or “Settings” tab) to gain a better understanding of how to track and manage cookies. Note, however, that some of Company Service operations and Company Site pages and may not function properly if you choose to block certain cookies. To opt out of interest-based ads from Company in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under “privacy” or “ads” in your device’s settings). Note that changing any of these settings does not prevent the display of certain advertisements to you that are not interest-based.
    4. Geolocation Settings. You may be able to turn-off geolocation setting in your mobile device. Please see your device’s specific instructions for doing so.
    5. Additional Choices for California Residents. We do not disclose your Personal Information to third-parties for the purpose of directly marketing their goods or services to you (as compared to when the third-party is acting on our behalf or you have provided your personal information as part of a co-promotion by Company and the third-party) unless you first agree to such disclosure. If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of Personal Information (such as your name and contact information) to third-parties who wish to contact you or send you promotional information about their products and services directly. If you are a California resident and would like to request a copy of information regarding our disclosure to third-parties for their direct marketing purposes in the preceding calendar year, please contact us at hey@kenahbus.com.
    6. Additional Choices for Nevada Residents. If you are a Nevada resident, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at hey@kenahbus.com, or by mail, Attn: General Counsel, Ken Ahbus LLC, 4699 Kittredge Street, Unit 1421, Denver CO 80239.

  1. PROTECTING CHILDREN

Company Services as well as Company Sites are intended for general audiences and are not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information without parental consent, please contact us at hey@kenahbus.com. If we become aware that a child under 18 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.



  1. SECURITY

We use commercially reasonable encryption and authentication tools to protect the security of your personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from a Company Site, and you do so at your own risk. We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft. Should Company experience a data breach involving your Personal Information, we will notify you of such breach (to the best of our ability based on your communication preferences) as required by applicable law.


Personal Information about our customers is an important part of our business, and we are not in the business of selling it to others. Except as specifically set forth herein, we will never sell your Personal Information to any third-party under any circumstances without warning you in advance, changing this Privacy Policy, and giving you the option to approve or deny such settings.

  1. GOVERNING LAW; RESOLUTION OF DISPUTES BY BINDING ARBITRATION

This Privacy Policy and all disputes arising hereunder or relating hereto or with respect to the Service shall be governed by the laws of the State of Colorado without regard to conflicts of laws principles. You and we agree that all questions, disputes, controversies or claims between us shall be submitted to binding arbitration in accordance with the terms of the Federal Arbitration Act. YOU HEREBY WAIVE YOUR RIGHT TO A COURT OR JURY TRIAL. This agreement to arbitrate applies to, but is not limited to, all disputes regarding the construction or application of these Terms of Use, all claims arising under federal, state, or local statutory or common law, including, without limitation, claims of breach of promise[s], breach of contract or breach of the covenant of good faith and fair dealing, tort claims, sexual harassment claims and any and all other claims of illegality or breach of any right which you might hold against us, under this Privacy Policy or otherwise.


The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its rules and procedures. The arbitration shall take place in Denver, Colorado before a single neutral arbitrator from the panel of AAA. The Rules of Evidence of the State of Colorado, including the rules relating to hearsay, will apply to the arbitration. The arbitrator shall issue a written decision and award including the essential findings and conclusions on which the award is based. The opinion and award will decide all issues submitted and shall be final and binding to the fullest extent permitted by law and will be enforceable by any court having jurisdiction. To the extent allowed by Colorado law, the arbitrator shall be required to follow all applicable substantive law. The arbitrator shall grant any legally meritorious motion for summary judgment presented by any party. The prevailing party shall have its arbitration fees, attorneys’ fees, expert fees, consulting fees, and all other associated and related costs paid for by the other party and the arbitrator’s opinion and order shall so state. The arbitrator shall be permitted to award those remedies, in law or equity, which are requested by the parties and which the arbitrator determines to be supported by credible and relevant evidence presented. The party who prevails in any arbitration may seek to have the arbitrator’s award confirmed as a judgment in any court of competent jurisdiction. The arbitration shall be private and confidential. As a material inducement to us to provide the Service to you, you hereby waive, to the fullest extent permitted by law, the right to institute, prosecute or join any class action case against us, even if the rules of the AAA would otherwise allow for such. Accordingly, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under these Terms. Any question regarding the enforceability or interpretation of this paragraph shall be decided by the arbitrator.


  1. POLICY UPDATES

Company has the right to update this Privacy Policy at any time. You should check this Privacy Policy each time you provide Personal Information to us. The date of the most recent revision will appear at the top of this page. All changes to this Privacy Policy will go into effect on the date posted at the top of the Privacy Policy. The new policy will apply to all current and past users of the Company Sites and Company Services and will replace any prior policies which are inconsistent. Your continued use of a Company Site or Company Services after the posting will constitute acceptance of, and agreement to be bound by, those changes. Additionally, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Company Site, of any information about you contained in the applicable Company database, if Company or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of Company ‘s or such Company company’s assets related to the applicable site or service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Company Site or Sites or any Service signifies your agreement to be bound by the Privacy Policy and other terms and conditions (if any) of the Company Site’s or Service’s subsequent owner or operator.



  1. COMPANY’S DATA PROTECTION OFFICER (FEEDBACK / CONTACT US)

For questions specifically concerning this Privacy Policy, to help us improve our Privacy Policy, or to express any questions, concerns or complaints regarding Company’s collection and use of your Personal Information please contact us at hey@kenahbus.com. Alternatively, you may write to us at the following address:


Ken Ahbus LLC

4699 Kittredge Street, Unit 1421 

Denver CO 80239

hey@kenahbus.com