Privacy Policy

Privacy Policy

Table of Contents

  1. Purpose
  2. Information We Collect
  3. Use of Information
  4. Consent to Use Personal Information
  5. Opting Out
  6. Purpose for Processing Personal Information
  7. Disclosure of Personal Information and Recipients
  8. Retention of Information
  9. Information Safeguards
  10. Policy Revision and Updates
  11. Contact Us

Purpose

This Privacy Policy applies to and describes the personal information we collect online at kem.com, offline, and from third parties when you use our websites.

This Privacy Policy is drafted in accordance with applicable laws in the places where we operate. While we strive to take a consistent approach to privacy compliance across jurisdictions, some terms, obligations, and rights may only apply or be available in certain jurisdictions. Use of the term ‘right’ in this Privacy Policy is not intended to and shall not confer any legal rights or remedies on any person or party, and any such rights or remedies shall only exist to the extent expressly provided under applicable law.

Information We Collect
We collect the following categories of personal information: 

  • Identifiers: such as name, username or user ID, online identifiers contact information including email address, physical address, and phone numbers.
  • Customer Records: information that we collect related to your purchases, payments, and other transactions with us (such as credit card number, payment and billing details, shipping address, identification and contact information).
  • Commercial Information: including shopping history, order details, loyalty program transactions, and other records of products and services purchased or considered. 
  • Internet and Activity Information: internet and other electronic network activity information, such as browsing history, search history, information about your interactions with and through our online services, advertising and content, content you share in our public forums or through social media and other digital or third-party platforms, as well as other online activity and usage information obtained from your activity across others’ websites, apps, and services.
  • Other Electronic Data:  Call recordings, and related analytics (e.g., of customer service and support calls), emails as well as records of your communications (online and offline) with us, including communications with customer service. 
  • Location Data: including general location data that we may derive from your IP address.
  • Inferences: including inferences we derive about you based on the above information, including your interests, preferences, and other characteristics or demographic information.

Use of Information

We collect, use, disclose, and process personal information for the following business and commercial purposes:

  • Providing the products and services you purchase and request
  • Responding to your inquiries and providing customer service
  • Operating and improving our operations, products, and services 
  • Personalizing content and experiences
  • Marketing and advertising, including to measure our ad campaigns and reach consumers with more relevant ads and content on our online services and across third-party sites and services
  • Maintaining safety and security and combatting illegal activities online, including preventing, detecting, investigating, responding to, and combating fraud, security incidents, network threats, and other illegal activities.
  • Complying with legal obligations and supporting internal compliance processes
  • Protecting or defending our rights and the rights and safety of others

We retain personal information for the length of time needed to fulfill the purposes for collection unless a longer retention period is required or permitted by applicable law.

Sensitive personal information

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you. In addition, notwithstanding the business purposes described above, we only use and disclose sensitive personal information where it is necessary to provide the goods or perform the services you have requested (such as processing or fulfilling orders and transactions), with your consent, or as otherwise authorized by applicable law such as to prevent, detect, and investigate security incidents, ensure physical safety, and show non-personalized advertising as part of your current interaction with us. 

We may disclose personal information to certain categories of third parties for our own business purposes described above, including: 

Where reasonably necessary for one or more of our business and operational purposes, the personal information we collect may be disclosed to and processed by our service providers and contractors, brands and subsidiaries, external auditors, and agents and other representatives that are acting on our behalf, as well as regulators, law enforcement and public entities, as further described in this Policy. Personal information may also be disclosed to others where necessary to comply with legal obligations, protect and defend our rights and the rights and safety of others, and for fraud protection and security purposes, as well as where necessary to respond to your requests or as otherwise directed or authorized by you. 

We may also disclose certain categories of personal information to other third parties for one or more of our business purposes, including: 

  • Analytics, marketing and advertising companies, and social networks may process Identifiers, Commercial Information, Internet and Activity Information, Location Data, Other Audio, Video. or Electronic Data, and Inferences to provide analytics, marketing and advertising-related services to us (e.g., to help us to create campaigns and audiences, reach you with targeted advertising, and distribute and measure our marketing and advertising campaigns).
  • Internet service providers (ISPs), operating systems and platforms that we use to operate our business and provide our online services may process Identifiers, Internet and Activity Information, Location Data, and Other Audio, Video, or Electronic Data.

Consent to Use Information

By placing an order on our website, customer consents to the use of information by Kardwell International and its subsidiaries as described in this document to fulfill orders and other business transactions required by the order.

Opting Out

You can request to opt out of certain uses and disclosures of your personal information (including sales and sharing for targeted advertising):

We do not disclose or provide your personal information to third parties in exchange for monetary compensation.

  • You can opt out of sales and sharing (e.g., via cookies), by logging into your account and setting your data preferences.

Information you provide to us

  • Contact and registration information. We collect contact and registration information (e.g., Identifiers and Customer Records) when you purchase, exchange, or return products, request services, create a customer account, redeem promotions, or interact with us for other products and services, such as your name, email address, phone number, billing and shipping address, and item preferences.
  • Transaction information. We collect transaction information (e.g., Commercial Information and Customer Records ) you provide when you purchase, exchange, or return products, request services, or redeem promotions and loyalty program rewards, such as your order and service details and payment information. We may also identify the region you live in so we can show improve the accuracy of your shipping address.
  • Communications information. We collect and record communications information and content you provide when you sign up to receive newsletters, marketing emails or texts and communicate with us about a customer service issue or to make other inquiries. For example, we collect and record information and content you provide to us over the phone, email or text, or when you communicate with us using any other service or communication method. This type of information and content in recordings and transcripts includes your contact information, the date and time you contacted us, the content of your communications, and your communication method. 
  • Customer content. We collect information and content you provide or make available in our public forums (like online message boards, social and wellness community environments, and other forums that do not have a restricted audience) and when you provide feedback or product reviews, respond to surveys, or use features of our services which may require the collection of certain personal information (e.g., Identifiers and Other Audio Video, or Electronic Data) to utilize the features. We also collect information and content when you engage with us on social media (like when you tag us or our products and services or allow us to follow your social media profile). These types of information include any information and content you choose to provide or make available, such as opinions, feedback, preferences, wellness goals, photos, images, and social media profiles and handles. 

Purposes for Processing Personal Information

We use, disclose, and otherwise process the personal information we collect to:

  • Provide products and services. These uses include providing products and services you purchase and request, such as processing transactions and payments, fulfilling orders, maintaining and servicing customer accounts and Loyalty Rewards Programs, and providing promotions, events, and other offers. We also use information to improve and develop new products and services. If you participate in a NFT program (like Gap Threads), we may also use your digital wallet and other related NFT or cryptocurrency information to facilitate your participation in the program and related cryptocurrency transactions. 
  • Communicate with you. These uses include responding to your inquiries, providing customer service and technical support, sending you transactional and related communications about your purchases, Loyalty Rewards Programs, and product and policy changes, and sending you communications about promotions, events, and other offers and products and services we think may be of interest to you. 
  • Operate and improve our operations, products, and services. These uses include operating, troubleshooting, improving, and developing new products, services, and features, as well as learning how you and other users interact with and respond to our online services, marketing and advertising. We also use AI and machine-learning based tools and technologies, some of which are provided by third parties, and the information we collect (including your inputs and interactions with these tools) may be used to train generative AI and large language models and machine learning algorithms.
  • Personalize online content and experiences. These uses include personalizing online content, providing recommendations and reminders, and enhancing the quality and your overall experience with our online services (like retaining your user preferences and presenting content in the most effective manner for the browser or device you use to access our online services). We may try to establish cross-device connections and link the different browsers and devices you use to access or use our online services to help us recognize you as a customer or visitor and provide you with a seamless and consistent personalized experience when interacting with us using different browsers or devices.
  • Market and advertise. These uses include developing, managing, and conducting advertising and marketing campaigns. We may use personal information to serve targeted ads and analyze and measure the performance and reach of our advertising and marketing efforts (on our online services and elsewhere) based on your online activities and how you interact with our advertising and marketing. We may also use personal information to create and identify audiences that are most likely to respond to ads based on information we have already collected or infer about your interests and preferences. 
  • Maintain safety and security and combat illegal activities in our stores and online. These uses include protecting the health and safety of customers, employees and others, as well as preventing, detecting, and investigating actual or potential security incidents, fraud, illegal conduct, or other activities that may violate our policies or threaten our networks and information systems or the availability, authenticity, integrity, and confidentiality of stored or transmitted information. 
  • Comply with legal obligations and support internal compliance processes. These uses include complying with our legal and regulatory obligations (such as maintaining records of your privacy requests, preferences, and choices), fulfilling our corporate obligations (such as internal accounting, auditing, recordkeeping, and other internal business functions). 
  • Protect and defend rights. To protect and defend our rights and business or the rights or safety others, including related to litigation and other legal claims or proceedings in which we are involved.

Disclosure of Personal Information and Recipients

The types of personal information we disclose varies based upon your interactions with us and your privacy settings and choices.

We may disclose the personal information we collect with:

  • Our brands and subsidiaries. We may share personal information with and among our family of brands and subsidiaries to provide our products and services and for other purposes outlined in this Privacy Policy.
  • Service providers and contractors. We may provide or make available personal information to service providers and contractors to process on our behalf for specific business purposes we alone or jointly with others determine. For example, service providers and contractors may process personal information on our behalf to process payment card transactions, distribute communications, operate online and other communication methods, manage offers and promotions, and provide services for order fulfillment and logistics, data analytics, computer and cloud-based networks, and fraud prevention. They may also use the information they process on our behalf to improve the products and services they provide to us, including to train AI models and machine learning algorithms. 

We may also disclose or share certain personal information with other third parties for business and commercial purposes, including: 

  • Advertising and marketing providers. We may share your information with advertisers (such as advertising agencies, networks and exchanges, and analytics providers), marketing businesses, third-party data suppliers (such as data aggregators and data resellers), and other entities that help us to create, deliver, and assess our advertising and marketing campaigns and learn more about you and other users of our online services. As explained above, such disclosures may be considered ‘sales’ or ‘sharing’ under the CCPA and other applicable privacy laws. These parties may also combine your personal information with their own records (and records available from other sources) for their own purposes, including for their own and other third-party marketing. 
  • Other third parties. We may provide your information to other third-party companies that we allow to make their goods and services available to you on our online services, market and sell our products, or offer products on a co-branded, co-sponsored, or cross-promotional basis. These initiatives may be offered in-store, on our online services, or on other media. 
  • Parties you direct us to share information with. We may share your information with other third parties as directed, requested or authorized by you.
  • Others when required by law or necessary to protect rights or support our internal compliance functions. We may share your information to comply with or enforce the law, legal process, or applicable industry standards (including responding to court orders, warrants, subpoenas, and other requests from public and government authorities) and as we believe is necessary or appropriate to protect, enforce, or defend our legal rights and the rights of others (including with third parties (a) to help us prevent, detect, and investigate security incidents and combat fraud or other illegal activities, or (b) where related to anticipated or actual legal claims or proceedings in which we are involved) and to protect individuals’ privacy, security, and safety. 
  • Parties involved in corporate transactions. We reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition, or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation.

Retention of Information

We retain personal information for the length of time needed to fulfill the purposes for collection unless a longer retention period is required or permitted by applicable law. 

Information Safeguards

Our goal is to provide you with safe and convenient experiences when you interact with us. We maintain technical and organizational measures designed to protect your personal information. You should take steps to protect yourself and your account information as well (e.g., by using a strong password that is unique for each account and regularly changing your passwords). Please note that we will never email you asking for personal information (like your customer account access credentials, date of birth, or credit card information). Additionally, we will never email you with attachments that can be opened.

Policy Revisions and Updates

Because we may revise and update this Privacy Policy from time to time, we encourage you to review it regularly. If we make changes, we will notify you by revising the date at the top. If we make material changes, we will endeavor to provide you with additional notice, such as by adding a statement on the homepages of our websites or sending you a notification. 

Contact Us

Kardwell International

94 N Dell Ave
Kenvil, NJ 07847 
United States 

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