TERMS AND CONDITIONS
Effective date: November 12, 2020
Kar's Nuts, Inc. ("us", "we", or "our") operates the Site, which is located at karsnuts.com.
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you access our Site or use our Service and the choices you have associated with our collection of your data.
“You” and “your” mean the individual or entity using the Service.
“Kar's Nuts,” “we” or “us” means Kar's Nuts, Inc.
“Site” means the Kar's Nuts website at karsnuts.com, and other related websites, blogs, domains, mobile sites, online services and applications maintained or operated by Kar's Nuts Inc.
“Service” means the products and services offered through the Site.
“Personal Data” means non-public information we receive from your use of the Site or purchase of any Service that can be used, alone or in combination with other information in our possession, to identify a particular person/individual. It may include information such as name, address, telephone number and other personal information you provide us.
“Non-Personal Data” means any information that is not Personal Data. Non-Personal Data includes, without limitation, Personal Data that has been anonymized.
“Usage Data” means data collected automatically either generated by the use of the Site or purchase of any Service, which may include, without limitation, your use of the Site (for example, the duration of a page visit).
“Cookies” are small pieces of data stored on your device (computer or mobile device).
“Service Providers” means third parties that we use in order to maintain the Site, or process your data and provide the Service.
INFORMATION WE COLLECT AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
You do not have to provide any Personal Data to browse the publicly available pages of our Site however, in order to obtain or use the Service you may be required to register and/or provide Personal Data.
In order to purchase any Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
By providing your Personal Data to us, you explicitly agree to our collection and use of such information as described in this Privacy Notice. By providing Personal Data belonging to another person, you expressly represent and warrant that you have the authority and right to do so, and that you obtained all appropriate and required consents.
We may also collect information how the Site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. Usage Data may be automatically collected.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Site, and to improve and customize our Site and the Service we offer.
You can enable or disable location services when you use our Site at any time, through your device settings.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Site or obtain our Service.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate our Site and offer the Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
USE OF DATA
Kar's Nuts uses the collected data for various purposes:
• to provide and maintain our Site and provide our Service.
• To notify you about changes to our Site and the Service we offer.
• To allow you to participate in interactive features of our Site when you choose to do so.
• To provide customer support.
• To gather analysis or valuable information so that we can improve our Site.
• To monitor the usage of our Site and the purchase of products and services.
• To detect, prevent and address technical issues.
• To provide you with news, special offers, marketing, and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
- To meet or satisfy applicable industry standards.
- To improve customer service.
- To personalize your experience.
- To develop new products or services.
- We may share your Personal Data with Service Providers for the purpose of providing and fulfilling the Service.
If ownership of the Site or of Kar's Nuts changes, whether in whole or in part, information collected through the Site or the Service about you may be transferred to the new owner of the Site and/or Kar's Nuts, as the case may be, so that any Service can continue. In that case, your user information would remain subject to the terms and conditions of the applicable version of the Privacy Notice.
LEGAL BASIS FOR PROCESSING PERSONAL DATA
Kar's Nuts may process your Personal Data because:
• we need to perform a contract with you.
• You have given us permission to do so.
• The processing is in our legitimate interests and it's not overridden by your rights.
• For payment processing purposes.
• To comply with the law, regulations or legal process.
CAN-SPAM COMPLIANCE NOTICE
Kar's Nuts fully complies with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us.
CALIFORNIA PRIVACY RIGHTS
Under Section 1798.83 of the California Civil Code, residents of California can obtain certain information from companies with whom they have an established business relationship. That information is about the Personal Data those companies have shared with third parties for direct marketing purposes during the preceding calendar year. The law requires companies to inform consumers about the categories of Personal Data shared with third parties, the names and addresses of those third parties, and examples of the services or products marketed by those third parties. To request a copy of the information disclosure provided by Kar's Nuts under Section 1798.83 of the California Civil Code, please contact us at the address or telephone number at the bottom.
CALIFORNIA CONSUMER PRIVACY ACT
We do not sell your personal information.
Under the CCPA, a business that sells California residents’ Personal Data to others: 1) must give notice to California residents before selling their personal information to others; and 2) must provide the right to opt out of the sale of their Personal Data.
Kar's Nuts does not sell the Personal Data of anyone. Kar's Nuts does obtain Personal Data from its customers for a business purpose and does further collect Personal Data for the purpose of performing that business purpose for its customer. Although Kar's Nuts does not consider its activities to constitute the sale of Personal Data, if you would like to opt out of our providing services that involve your Personal Data, please contact us at the address or telephone number at the bottom and inform us that you would like to opt out of our processing your Personal Data. Notwithstanding, Kar's Nuts contends that the notification and opt-out requirements do not apply to Kar's Nuts.
Your Rights Under the CCPA
Under the California Consumer Privacy Act (“CCPA”), California residents are granted the following rights:
- To know what Personal Data is being collected about them;
- To know whether their Personal Data is sold or disclosed and to whom;
- To say no to the sale of their Personal Data;
- To access their Personal Data;
- To have their Personal Data deleted; and
- To have the right to equal service and price, even if they exercise their privacy rights under this law.
When receiving a request, we will verify that the individual making the request is the resident to whom the Personal Data subject to the request pertains. California residents may exercise their rights themselves or may use an authorized agent to make requests to disclose certain information about the processing of their Personal Data or to delete Personal Data on their behalf. If you use an authorized agent to submit a request, we may require that you provide us additional information demonstrating that the agent is acting on your behalf.
With respect to a California resident’s Personal Data, each California resident may exercise the rights described below.
Categories of Personal Data We Collect
As detailed above, we collect information that identifies you, your household or your device or is reasonably capable of being connected with or linked to you, your household or your device. “Personal Data” does not include public information available from government records, de-identified or aggregated information or information that is protected by certain laws such as HIPAA for health related information and the Gramm-Leach Bliley Act for certain financial institutions.
In additional to the categories of Personal Data detailed above, we collect, process and share some or all of the following categories of Personal Data:
- Documents to verify your identity;
- Payment information;
- Inferences drawn from this Personal Data to create a profile about you;
- Transaction information;
- Products or services purchased, obtained or considered; or
- Your purchasing or consuming history or tendencies.
How We Retain and Store Your Personal Data
We retain your Personal Data for as long as necessary to fulfill the purpose for which it was collected and to comply with applicable laws. We use reasonable security precautions to protect your information consistent with its nature and sensitivity.
Requests to Know
You have the right to request that we disclose certain information to you about our collection and use of your Personal Data over the prior 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you (to the extent applicable):
- The categories of Personal Data we collected about you;
- The categories of sources for the Personal Data we collected about you;
- The business or commercial purpose for collecting or selling your Personal Data;
- The categories of third parties with whom we share your Personal Data;
- The specific pieces of Personal Data we have collected about you; and
- If we sold or disclosed your Personal Data for a business purpose, which we will not, two separate lists disclosing:
o In the case of a sale, the categories of Personal Data sold about the consumer and the categories of third parties to whom the Personal Data was sold, by category of Personal Data for each category of third parties; and
o In the case of disclosure for a business purpose, the categories of Personal Data that were sold or disclosed for a business purpose and if Personal Data has not been sold or disclosed for a business purpose, that we did not do so.
We are not required to (i) retain Personal Data about a consumer if collected for a single one-time transaction if, in the ordinary course of business, that information would not be retained and (2) re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a way that would be considered Personal Data.
Requests to Delete
You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies, which we will disclose to you.
We are not required to grant your deletion request if retaining the Personal Data is necessary for us or our service providers to:
- Complete the transaction for which the Personal Data was collected, fulfill the terms of a written warranty or product recall, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impact existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest when the deletion of the public information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent;
- For solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with a legal obligation; or
- Internally make otherwise lawful uses of your Personal Data that are compatible with the context in which you provided the Personal Data.
How to Submit a Request to Know or a Request to Delete
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. We are not required to provide you with Personal Data more than twice in a 12-month period.
We will not be able to respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you.
We will try to respond to your request within forty-five (45) days of receipt of your written request. If we require more time (up to 90 days), we will inform you of the extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do 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.
An amendment to the CCPA provides an exemption to the Right to Know and Right to Delete for Personal Data between a business and a person who is acting as an employee, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government where the information is used in the context of a business transaction. This exemption is currently set to expire on January 1, 2021. Until that date, we will not respond to requests to know or delete that are within the scope of this exemption.
How to Submit an Opt-Out Request
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Data sharing with third parties. However, you may change your mind and opt back in to Personal Data sharing with third parties at any time by emailing us at email@example.com.
We will only use Personal Data provided in an opt-out request to review and comply with the request. We will act upon your opt-out request within 15 days of receipt.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Data's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of Personal Data. A sale under Nevada law is the transfer of this Personal Data to third parties for monetary consideration so these third parties can then re-sell or license the sold information. We do not sell your Personal Data to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your Personal Data should we change our practices in the future, you must send a request by email to firstname.lastname@example.org.
EUROPEAN UNION DISCLOSURE
Personal Data voluntarily submitted to Kar's Nuts online, via electronic communication, or otherwise, may be maintained or accessed in servers or files in the United States of America, which the European Union has not deemed to provide “adequate” privacy protection. If you do not consent to having your information processed and stored in the United States of America, please do not provide it to Kar's Nuts.
DISCLOSURE OF DATA
Disclosure for Law Enforcement
Under certain circumstances, Kar's Nuts may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Kar's Nuts may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation;
• To protect and defend the rights or property of Kar's Nuts, Inc.;
• To prevent or investigate possible wrongdoing in connection with the Service;
• To protect the personal safety of users of the Service or the public; or
• To protect against legal liability.
"DO NOT TRACK" SIGNALS
We do not support Do Not Track. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
We may employ Service Providers to operate and maintain the Site and to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Site or Service is used.
We do not share this information with outside parties except to the extent necessary to provide the Service. Only Kar's Nuts and its Service Providers involved in providing the Site or the Service will have access to your Personal Data. Our Service Providers are required to use any Personal Data we provide to them only for that intended purpose and subject to the terms of this Privacy Notice.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware or are made aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
• By email: email@example.com
• By visiting the Contact Us page on our website
• By phone number: 800.527.6887