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Privacy Policy

The Koochikoo website located at www.koochikoo.net (the “Website”) is owned and operated by Excel Trade, LLC, d.b.a. Koochikoo (“Koochikoo” or “we” or “us”). Your privacy is very important to Koochikoo, and this Privacy Policy gives you an overview of our information practices for the Website, as well as information we collect from customers directly by telephone or email, regarding the type of information collected; how we collect, use, and share your information; and other important information about our privacy practices.  Should you have any questions on the terms of use of the Website, please see our Terms and Conditions.

 

By using the Website or submitting information to us, you consent to the use and sharing of information collected or submitted as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or visit the Website, and do not disclose any information to us in any manner. We may change this Policy from time to time, and the changes are effective upon posting. Your continued use of the Website after changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of the Website.

 

Type of Information Collected

 

We collect personally identifiable information and non-personally identifiable information through the various sources discussed below. “Personally identifiable information” means any information that may be used to identify an individual, such as name, billing address, shipping address, email address, telephone number and credit card information. Non-personally identifiable information is data that cannot be used to identify or contact an individual, such as your IP address browser type, date and time of your Website visit, and user analytics, such as mouse clicks and scrolling activity.

 

How We Collect Your Information

 

We collect information from you in two ways:  (1) information you voluntarily provide to us and (2) information we collect from your use of the Website.  We collect information that you provide voluntarily, for example, when you purchase products on the Website, communicate with or to us via an email, use the “Contact us” form, sign up for the Koochikoo newsletter, create an online account and log in information, including usernames and passwords, complete a survey or product review, or enter a contest or sweepstakes/giveaways. This information may include, for example, your name, mailing address, billing address, postal code, telephone number, email address, and payment information, such as your credit card number.

 

When you use the Website, we also automatically collect certain information from you, such as browser type, referring and exit page, operating system, timestamps, clickstream data, the type of mobile device you use, your mobile device’s unique device ID, and your operating system. We also track and analyze statistical information from our visitors and customers about how the Website is used. This information is logged and used for purposes such as to help diagnose technical problems, assist with customer service, user experience, and to administer the Website so that we can constantly improve it.

 

We also collect non-personally identifiable information using the following methods:

 

  1. Log Files: Koochikoo uses navigational data, or log files, to track member usage and engagement and to gauge the effectiveness of our different services. We use your IP address to help diagnose problems with our server and to administer the Website. Log file information may include, but is not limited to: (1) IP Addresses; (2) browser type; (3) number of page views; (4) log-in frequency; and (5) page or section accesses.

  2. Cookies: Koochikoo may use cookies, which are unique identifiers that we transfer to your device, to allow us to recognize you when you return to the Website and to provide you with customized services and information, such as providing information targeted to your interests and remembering your preferences and previously entered information. We use persistent cookies, which remain on your device until they expire.  Our persistent cookies may remain on your device up to 2 years after the date they are downloaded.  If you wish to remove cookies prior to their expiration, your browser’s Help feature may tell you how to disable cookies and prevent your browser from accepting new cookies.  It may also tell you how to have the browser notify you when you receive a new cookie so that you may manage your cookies accordingly. Please note that if you disable cookies, you may not be able to take advantage of all of the Website’s features.

  3. Clear Gifs: Koochikoo uses clear gifs, which are tiny graphics with a unique identifier (similar to cookies), to track the online movements of the web users on the Website and on third party websites. Additionally, we may also use pixel tracking/web beacon technology to acquire data for online marketing, web analysis, email marketing or to track the completion of transactions with us or our advertisers.

 

We will retain any information collected about you for as long as it is needed to fulfill the purposes for which it was collected.  Thereafter, we may delete or otherwise erase or de-identify any personal data collected, subject to all applicable laws and regulations.

 

How We Use Your Information

 

We may use the information we collect from and about you for many purposes, such as (1) to fulfill your requests for products; (2) to respond to your inquiries; (3) to review the Website’s usage and operations; (4) to address problems with the Website, our business or our services; (5) to protect the security or integrity of the Website and our business; (6) to monitor the Website for compliance with our website terms and conditions and the law; (7) to help improve the Website or services; and (8) to contact you with Website updates, newsletters and other informational and promotional materials from us and third party marketing offers from other companies.

 

How We Share Your Information

 

We may disclose information collected from and about you as follows:

 

(1) to our affiliated companies that, based on your use of the Website or that you communicated, offer products and services that may be of interest to you.  We are not responsible for how our affiliates use your information, and such use is governed by the affiliate’s own privacy policies;

 

(2) to our third-party service providers, to perform a business, professional or technical support function for us, such as security related to our business, to Shopify for order processing, payment transactions, order fulfillment, web hosting and services, Google analytics, Stamped to publish product reviews, Klaviyo to provide promotions and email marketing, Postscripts to provide mobile message marketing, etc. Koochikoo does not authorize any of these service providers to use or disclose customer information other than in providing such service to Koochikoo;

 

(3) as necessary, for purposes of investigation, if we believe that there has been a violation of our Terms and Conditions or of our rights or the rights of any third party;

 

(4) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law;

 

(5) in the event that our company is acquired or undergoes a corporate change, or if there is a partial or total sale of assets including in bankruptcy, your personally identifiable information may be one of the transferred assets; and

 

(6) we may also disclose your personally identifiable information with your express consent.

 

We may share non-personally identifiable information, including aggregate information or de-identified information that does not identify a specific individual, with third parties in our discretion.

 

Opt-Out

 

If you decide that you do not want to receive marketing or any other communications from us, you may opt-out of receiving them at any time. You may also opt out of allowing us to share your personal information with third parties for their own marketing purposes; however, our partners may continue to use any information that we previously shared with them unless you contact them directly to opt out.

 

If you have opted into our SMS/MMS Mobile Message Marketing Program (the “Program”), and do not wish to continue participating in the program, at any time you may reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any message you have received from Koochikoo to opt-out, or reply HELP for more information.  Message and data rates may apply to any communications sent to and received from Koochikoo via SMS/MMS mobile messaging.  For more information about how to opt-out of the Program, please visit the SMS/MMS Mobile Message Marketing Program Terms and Conditions.

 

To opt out of any of the activities described in this Opt-Out paragraph, except the Program for which opt-out information is listed directly above, you may do so at any time by either clicking the “unsubscribe” link provided in each such email communication or by sending an email to Koochikoo at info@koochikoo.net.  Please title the email “Unsubscribe.”

 

Children

 

We do not knowingly direct the Website, marketing and promotional materials to, nor do we knowingly collect any personally identifiable information from, children under the age of thirteen (13). If you are under the age of 13, do not use or provide any information on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  If you are a parent or guardian and are made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact, please contact us for deletion of such information.

 

Security

 

We have implemented reasonable and appropriate industry standard measures designed to secure your personal information from accidental and unauthorized access, use, alteration and disclosure while in Koochikoo’s possession.  All information you provide to us and information we collect from your use of the Website is managed and stored on third party platforms by our service providers.

 

While we attempt to maintain the security measures described above, total security is not always possible.  You use the Website and provide information to YumEarth at your own risk. You are also responsible for the safety and security of your information.  You are responsible for keeping the confidentiality of any user names and passwords you may use to register and sign-in to the Website.  In addition, we encourage you to be careful about the information you provide to us and any information you submit for public-facing sections of the Website (where applicable).  

 

Interest-Based Advertising

 

We may partner with ad networks and other ad serving providers (“Advertising Providers”) who serve ads, emails and other communications on behalf of us and other non-affiliated websites. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your visits to the Website and other sites over time.

 

You may visit www.aboutads.info to learn more about this type of advertising and how to opt-out of this form of advertising by companies participating in the Digital Advertising Alliance (“DAA”) self-regulatory program. Note that electing to opt-out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. In addition, note that if you use a different browser or erase cookies from your browser, you may need to renew your opt-out choice.

 

Third-Party Links

 

The Website may contain links to third-party websites owned and operated by other companies. Koochikoo does not control, does not endorse, and assumes no responsibility for the content, privacy policies or practices of any third-party websites. We recommend that you review the privacy policy posted on any website that you may access through links that appear on the Website.

 

User-Generated Content

 

When you submit information to the Website, such as by writing a review of a product, the information you submit may be collected by Koochikoo. Additionally, your review may be posted on the Website, so please do not share information that you do not wish to be viewed by the general public.

 

SMS/MMS Mobile Message Marketing Program

 

If you have consented to participate in the Program, you expressly agree to receive recurring marketing messages via the mobile phone number you provided to Koochikoo at the time of your opt-in to the Program, and you acknowledge that messages from Koochikoo may involve the use of an automatic telephone dialing system.  Consumers are not obligated to participate in the Program in order to purchase product from the Koochikoo Website or any other platform where Koochikoo products may be sold.  To opt-out of the Program, please see the above “Opt-Out” section for instructions.

 

We respect your privacy, and will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary.  This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY.  Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.  When you complete forms online or otherwise provide us information in connection with the Program, you agree to provide accurate complete and true information.  You agree not to use a false or misleading name or a name that you are not authorized to use.  If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.

 

For more information about the Program, please visit the SMS/MMS Mobile Message Marketing Program Terms and Conditions.

 

Social Media

 

The Website includes links to various third-party social media websites, such as Facebook, Twitter, Instagram, and Pinterest, which let you socialize and share your experiences and purchases with friends. If you choose to use these tools, you may be sharing certain profile elements, including your comments, with us and with the public. This sharing is subject to each social media website’s privacy policies and terms of use. You can learn about each social media website’s privacy practices by visiting those websites.

 

Contact Us

 

If you have any questions regarding our Privacy Policy, you may contact us by emailing us at info@Koochikoo.net.  If we need, or are required, to contact you for any reason involving your information, we may do so by email, or mail.

 

California Residents:  California Consumer Privacy Rights (CCPA)

 

Supplemental to the information listed above, and in accordance with California Consumer Privacy Act, California residents may exercise the following rights:

 

  • The right to request information regarding what personal information we have collected about you;

  • The right to know if any of the personal information that we have collected about you has been used, shared or sold, and by or to whom;

  • The right to object to the sharing, sale, collection and storage of your personal information; and

  • The right to request that we delete your personal information from our systems and platforms.

 

You or your authorized agent may exercise any of the rights listed above, by contacting us at info@Koochikoo.net.  Please title the email “California Residents – Privacy Rights.”  If we cannot identify you from the contents of your email, we may ask you to provide your name, email, phone number.

 

You also have the right to request information regarding what information about you we have sold to third parties.  Koochikoo does not sell consumer information to any third parties; however, as stated above, we do provide your information to our partners for purposes set forth in the above “How We Share Your Information” section.

 

Your exercise of any of the rights listed above with regard to your personal information will have no adverse effect on the quality or price of the goods and services you receive from Koochikoo.

 

European Residents:  General Data Protection Regulation (GDPR)

 

Our online store, via the Website, currently only sells and ships products in the United States. While European consumers may visit the Website for other reasons, such as subscribing to our newsletters or submitting inquiries, they cannot purchase items via the Website.

 

Information regarding distribution of Koochikoo’s products in Europe and other countries outside of the United States can be found on the International page of the Website. The terms of this privacy policy apply to the EU visitors to the Website.  We collect information from you in two ways:  (1) information you voluntarily provide to us and (2) information we collect from your use of the Website.  The information you can voluntarily provide to us is more limited than that of United States consumers on the Website.  European consumers may submit inquiries by emailing Koochikoo at info@koochikoo.net, and providing their email address and name along with any other information they wish to voluntarily provide within the inquiry.

 

If you access the Website from outside of the United States, you agree that we may transfer your information, including personal information, to the United States. Your personal information may therefore be subject to privacy laws other than those of your own country. By providing information to Koochikoo, you consent to the transfer, processing, collection, and maintenance of this information to and in the United States.

 

Under the General Data Protection Regulation and supplemental to our privacy policies, European consumers also have the right to:

 

  • Inquire whether we have personal information about them and to access such information or data in accordance with Koochikoo’s policies;

  • opt-out of the processing of their data for marketing, profiling, statistical, scientific or historical research purposes, and may do so at any time;

  • withdraw previous consent for processing their data at any time;

  • request a copy of the data we have collected from them;

  • request correction of their personal information, if inaccurate;

  • complete any incomplete personal information we have collected about them; and

  • request that we delete all information about them from our systems;

 

Consumers may take any of the actions above at any time.  To opt out of receiving further email communications, you may click the “unsubscribe” button in any email communications. To make any other requests or take any of the actions above you may email any request to info@koochikoo.net.  Please title the email “European Resident – Privacy Rights.”  The turnaround time for such requests is generally 30 days.

 

Last Updated: February 2023

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