Privacy Policy

Killer Concepts Privacy Policy

Effective: January 1, 2020
Last Updated: May 19, 2020

The KILLER CONCEPTS family of brands (hereinafter "Company" or "We") is committed to the protection and proper use of personal information. Accordingly, we have developed this Privacy Policy to set forth the information we collect, and how we collect, use, disclose and store it. For purposes of this policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may produce to us. Both federal and state law in the United States define Personal Information, as do the laws of Canada, and other international laws. This Privacy Policy is intended to include the most expansive definition. However, please recognize that your rights related to Personal Information, and how Personal Information is defined, differs somewhat from state to state and country to country. For example, a California resident likely has different rights than a Utah resident, and each of them likely has different rights than a resident of Canada.

By using or accessing any of the KILLER CONCEPTS family of websites (each of which will contain a link to the latest version of this Privacy Policy) in any way, or by transacting with Company through any other means, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use and disclosure of your information in the manner described herein.

Please read this Privacy Policy carefully in order to understand what information Company collects, and how Company uses that information. If you do not agree with the Privacy Policy, please do not use this Website or transact business with Company. We encourage you to check our Website frequently to see the current Privacy Policy in effect and any changes that may have been made to them. If we make material changes to this Privacy Policy, we will post the revised Privacy Policy and the revised effective date on this Website. If you use the Website or transact business with Company in any way after any changes to the Privacy Policy have been posted, you agree and consent to all of the changes.

What We Collect & How We Collect It

We may collect Personal Information that you provide to us when you access our website, transact business with us through a website or otherwise, contact customer service, participate in a promotion, participate in another feature of our website that requires your Personal Information, provide us with comments, suggestions or content for, and/or provide your information to third party marketing affiliates. We only collect information that is necessary for the purposes identified herein. Please note that we do not control the collection or use of your information by third parties who may provide it to us, and such is subject to their privacy policies.

Some of our data and information collection is completely transparent. This means that you will know when and how it is happening. We can only gather the information you voluntarily provide. If you object to or limit our processing of certain information of this nature, you may not be able to easily or efficiently use all of the features of the website or interact or transact business with Company. By providing us with this information, you expressly agree to our collection, use, storage, and disclosure of it as explained in this Privacy Policy. This type of information includes, but is not necessarily limited to:

• Contact Information: Such as name; address; phone number; fax number; email address; DOB; social pages.
• Payment Info: Such as credit card type. Please note that we do not store credit card numbers and all credit card processing is done by third parties.
• Preferences: Such as product types; quantities of products; delivery preferences.
• Purchase History: Such as historical purchase records; order numbers; identification of products and quantities in order to facilitate our supply and demand analysis, to provide a more personalized purchase experience for you, to address warranty/return claims, or to identify and provide promotions that may be of interest to you.
• Chat, Email, Other Electronic Communications: Any Personal Information you voluntarily share in your written and electronic communication with us.
• Questions, Comments and Feedback: You have the ability to contact us with questions you may have, inquire about products, request to be contacted, and provide us with comments and or feedback about the Company and products. We will process any information you submit, post or provide in the course of such activities to respond to your comments or feedback.
• Other Personal Data: We may collect other personal data that you choose to provide. For example, if you sign up to receive marketing emails, or other communications regarding Company, participate in contests, surveys and other promotions related to the Company or Company products, we may collect information from you. We will only collect what you voluntarily provide.

Our collection of other data and information may happen without your express knowledge, but you hereby consent to it. This means that you will not necessarily know when and how it is happening. However, we can only gather the information through your voluntary interactions with us. If you object to or limit our processing of certain information of this nature, you may not be able to easily or efficiently use all of the features of a website or interact or transact business with Company. By providing us with this information, you expressly agree to our collection, use, storage, and disclosure of it as explained in this Privacy Policy. This type of information includes, but is not necessarily limited to:

• Information from Third Party Platforms: If you access a website or communicate with us using your account or account credentials from a third-party owned or operated platform/service (e.g., Amazon, Apple, AWS, Facebook, Google, Shopify, Twitter, etc.), post content from one of our websites to a social network, or use various social media features (e.g., “Like” button), we may process certain information from the third parties, such as your username, “likes”, location, birthday, comments and reviews, preferences, network reach and influence, and any other information you provided to the third parties in connection with your account. Depending on your account and privacy settings, we may also be able to see information that you post when using these third parties whether or not you are an active customer. We may also collect Personal Information about you from our third-party service providers who provide us with e-commerce and/or technical related support or services associated with the functionality and purposes of a website and our transaction of business and interaction with you. The information you post or provide to third parties, as well as the controls surrounding these disclosures are governed by the policies of these third parties.
• Browsing Information, Logs, Device Information: When you visit one of our websites, we may process information about your activities on our website through the use of technology such as cookies, web beacons, IP Address, and other tracking technologies, as further explained herein below. This information may contain personal information and statistical information. We may collect device-specific information (such as hardware model, operating system version, unique device identifiers, and mobile network Information, including your mobile phone number). We may record or log information from your devices, their software, and your activity accessing or using our Website. This information may include: IP address, device ID numbers, system activity, location preferences, date and time stamps of transactions. Providing this information is not mandatory and cookies can be disabled. However, please note that our website may not offer the same functionalities when certain cookies or other tracking data are disabled.
• Images: We may capture images of you, including also sound and video, through our closed-circuit television and other security measures at our retail locations and other warehouse and corporate properties. There are no security cameras in rooms or other private areas, but, where permitted by law, all other public areas may be under monitor and recording for loss prevention and security purposes, and for the protection of our employees and visitors to our properties. We may also capture images of you if you participate in corporate sponsored, or other private or public events.
• Advertising Data: From time to time we may obtain data from third parties who collect data from other third-party sources outside of our control. These third parties may use their own cookies and other tracking technologies. We do not control these third parties and their actions are governed by their privacy policies.

A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so we can recognize your computer when you return. Cookies also assist with various performance aspects of a website. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our website, you may limit the functionality we can provide when you visit our website. Additional general information about cookies and how they work is available at www.allaboutcookies.org. More information regarding cookies is also provided at the end of this document.

A web beacon (also known as a “tracking pixel” or “clear GIF”) is a clear graphic image (typically a one-pixel tag) that is delivered through a web browser or HTML e-mail, typically in conjunction with a cookie. Web beacons allows us, for example, to monitor how users move from one page within our websites to another, to track access to our communications, to understand whether users have come to our websites from an online advertisement displayed on a third-party website, to measure how ads have been viewed and to improve site performance.

If we are unable to associate the information collected from you or your devices to you, as some may be purely statistical or technical without any identifier or connection to you, such is not considered Personal Information for purposes of this Privacy Policy. For example, you may use a computer to navigate to a website, and the website may record an entry to the website by a personal computer running Windows 10. This information has no direct link to you and cannot be associated with you and is therefore not considered Personal Information.

How We Use Use It

We may use or process Personal Information for any reason that is permitted under data protection laws in accordance with this Privacy Policy including: (1) as necessary to fulfill our contractual obligation to you; (2) as necessary to provide our products or product support services (e.g., return, repair, warranty replacement) to you, and give you a more personalized experience; (3) in the ordinary course of our legitimate business interest such as product development and research; (4) in compliance with legal and regulatory obligations, and (5) according to your express consent.

We will not sell or rent your Personal Information. Further, we will not disclose or share your Personal Information to any third party, except as described in the following examples:

• Our Family of Entities. If necessary to provide you with tailored products, product promotions and advertisements, product support services, or communication, we may disclose limited personal data such as name, email address and date of birth, to our family of entities, including parent, subsidiary and sister entities.
• Third-Party Affiliates. If necessary to provide our products or product support services to you, certain information, which may include name, email address, physical address, and order histories, may be shared on a need to know basis with authorized third-party affiliates. This is for your benefit in order that you might get the full benefit of your purchase. If necessary for our marketing, promotion, and performance objections, which may include name, address, email address, birthday and month, and browsing behavior, may be shared on need to know basis to third-party affiliates that are acting on our behalf or as a service to us, such as for purposes of eCommerce platform transactional and marketing functionality, email and product recommendations, product ratings and reviews, website analytics, paid media, marketing, and advertising.
• Service Providers. We may rely on third-party service providers to host and provide certain features of our websites, to provide transaction support to us, and/or product support services to you, such as payment processing, return/replacement, and warranty claims. We only share information that is necessary to complete the transaction. This information includes, as examples, name, address, credit card information, email address, and purchase histories.
• Business Purposes. If the information is non-Personal Information (from which individuals cannot be identified, and which do not relate to individuals) in aggregate form, and the disclosure is for business purposes, such as consultants and advisors to Company, then we may disclose such data.
• For the Protection of Company and Others. If Company, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law, we may disclose. Simply, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy and we may disclose any and all information for the protection of Company and others.
• Pursuant to Law, Rule or Regulation. If required or permitted to do so by law or if, in good faith, Company believes that such action is necessary to: (1) comply with the law or with legal process; (2) protect and defend Company’s rights and property or prevent fraud; (3) protect Company against abuse, misuse or unauthorized use of Company’s products or services; (4) protect the personal safety or property of its personnel, users of the Website or the public, and/or (5) comply with tax reporting requirements, then the Company may disclose any and all information as needed to include having the servers that serve the Website automatically identify a computer by its IP address.
• Corporate Transactions. If a third party acquires all or substantially all of the assets of, or ownership interest in, Company whether by merger, acquisition, reorganization or otherwise, Company may transfer its database, including all Personal Information contained therein, to the third party.
• Debt Collection. To assist in debt collection where you owe a debt to Company, Company may disclose the following as examples, name, address, date of birth, identification number, email address, telephone number, photograph, etc.

Some of our operations, such as customer management, website administration, technical support, and/or electronic commerce, may be managed by third parties unaffiliated with Company. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to our website or the operation of our business.

How We Protect It

Company stores all information in state-of-the-art physical storage facilities and cloud storage. In doing so, Company uses appropriate physical, organizational and technological measures to protect the personal information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis, and employing two-factor authentication, physical locks, password protection and encryption. No electronic data transmission can be guaranteed to be secure from access by unintended recipients and Company will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our websites and storage sites, even with the best technology, no website is 100% secure. In transacting business with us through a website, you assume the risk inherent in transacting business online. If you prefer to submit your order by telephone, please call us at 1-949-215-9224.

To offer our websites, services and products to you, Company relies on plug-ins and services from third parties such as internet service providers, email service providers and plug-ins, calendar plug-ins, chat plug-ins, customer relationship management systems, credit card processors, and third-party data storage. None of these providers should have access to your personal information and our credit card processors are PCI compliant. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or conducting any business online. In transacting business with us through the Website, you assume the risk inherent in transacting business online.

This Privacy Policy only applies to Company. The Website may include links to the websites of our business partners, vendors and advertisers, including as examples, payment processors. These other sites are outside of our control. Please be aware that these websites may collect information about you and operate according to their own privacy practices which may differ from those contained in this Privacy Policy. Company encourages users to be aware when you leave this Website and to read the privacy statements of each website you visit that collects Personal Information. While Company carefully chooses the websites to link to, this Privacy Policy applies solely to information collected on this Website.

As a general rule, we typically destroy all information after a reasonable lapse of time if you have failed to visit one of our websites or transact business with the company.

Your Rights

If you wish to request Data Deletion from any of the aforementioned uses of Personal Information, except in the case of Legal Proceedings or where required for tax and transactional purposes, please contact us via telephone at 1-949-215-9224. If you are receiving promotional emails from KILLER CONCEPTS and would like to “Opt-Out” of receiving promotional emails, please click "Unsubscribe" at the bottom of any promotional email or contact us via email at support@killerc.com, subject line “Opt Out.”

Your subsequent disclosure of Personal Information nullifies any prior Opt-Out or Data Deletion request. The Company does not discriminate against those who opt-out or request data deletion. However, these actions may prevent us from conveniently and efficiently providing further, product support services and information to you.

California Privacy Rights

This section applies to California residents only.

This section applies to California residents only. Beginning January 1, 2020, pursuant to 1798.100 et seq. of the California Civil Code, residents of California may request that a business that collects a California resident’s Personal Information disclose certain categories and specific pieces of Personal Information collected, as permitted under California Consumer Privacy Act. The resident may also request that the business delete Personal Information collected about the consumer. To make a request pursuant to the foregoing, please email us at support@killerc.com or call us at 1-949-215-9224, or write to us at KILLER CONCEPTS Attn: Customer Support – 23341 Del Lago Dr., Laguna Hills, CA, 92653.

California employees, contractors and/or applicants, please refer to the Privacy Notice for California Company Employees, Contractors and Applicants (at the bottom of this section) for detailed information about Personal Information we collect which pertains to you.

Canadian Residents

This section applies to Canada residents only.

Your personal information may be transferred outside of Canada for processing and storage. Company and its service providers may store personal information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your personal information may be accessed by law enforcement authorities or the courts in such jurisdictions. You may obtain information and address questions about the Privacy Policy and practices relating to handling of your personal information outside of Canada by contacting our Privacy Officer identified below in Section 8f.

If you wish to access your Personal Information, or request that your Personal Information be corrected or removed from our database, you may contact our Privacy Officer as outlined below or make a request via email to support@killerc.com . Company, within a commercially reasonable time, will provide access to this information, correct any factual inaccuracies identified, and remove information as requested. We may be unable to remove information to the extent that it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Removal of your personal information may prevent us from providing further services and information to you.

Company may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of personal information. The information provided shall only be used for this purpose.

Children

The Website is not intended or designed to be used by anyone under the age of 13. It is not meant to be attractive to anyone under the age of 13, or to have any value or use by anyone under the age of 13. Company does not collect Personal Information from any person it knows to be under the age of 13. If you are under 13, DO NOT TRANSACT WITH US THROUGH THIS WEBSITE OR OTHERWISE, AND DO NOT SEND ANY PERSONAL INFORMATION. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, DO NOT USE THIS WEBSITE UNLESS YOU ARE SUPERVISED BY A PARENT/GUARDIAN OR HAVE RECEIVED PERMISSION FROM YOUR PARENT/GUARDIAN.

Contact Info

If you have any questions about this Privacy Policy, this website or its offerings, or if you have questions or concerns about the collection, use, disclosure, amendment or deletion of your Personal Information, you may contact us online at support@killerc.com, subject line “Privacy Policy”, or at the following address:

Attention: Privacy Officer
KILLER CONCEPTS Inc.
23341 Del Lago Dr.,

Laguna Hills, CA, 92653

1-949-215-9224

Cookies

Cookies make the use of our Website easier by, among other things, saving your preferences. We may also use cookies to deliver content tailored to your interests. Our cookies may enable us to relate your use of the Website to Personal Information that you previously provided.

The information that we collect with cookies allows us to statistically analyze usage of the Services, and to improve and customize our content and other offerings. However, we only disclose information collected with cookies to third parties on an aggregated basis without the use of any information that personally identifies you.

The specific types of first party and third-party cookies placed by our Services and the purposes they perform are described in the table below:

You have the right to decide whether to accept or reject cookies. You can also set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to certain portions of it and to some functionality may be limited. Web browser controls vary, so you should visit your browser's help menu for more information. You can exercise your preferences with some third-party cookies by clicking by visiting third-party websites. Company does not control any third-party opt-out links or websites and is not responsible for any choices you make using these mechanisms.

For more information regarding opting out of targeted advertising, please visit http://www.aboutads.info/choices or http://www.youronlinechoices.com. Also, for further information on cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

Privacy Notice for California Company Employees, Contractors and Applicants

Effective Date: January 1, 2020

This Privacy Notice is for California employees (“Notice), contractors and applicants and sets forth our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”). This document is to supplement KILLER CONCEPTS’s Privacy Policy to its customers located on www.killerc.com. This Notice only applies to individuals residing in the State of California who are considered “Consumers” under the CCPA and for whom we collect “Personal Information” as described in the CCPA. Under the CCPA, California Residents who are job applicants, employees or contractors of KILLER CONCEPTS qualify as Consumers. For purposes of this Notice, when we refer to Consumers, we mean you to the extent you are a California employee, employee applicant or contractor.

What information do we process?

As your employer or potential employer, we need to keep and process certain information about you for normal employment and HR management purposes, to comply with our legal obligations and, where necessary, to protect our legitimate business interests. We will collect and process information from you during the recruitment process, during our employment relationship and following the termination of our employment relationship.

Personal Information is normally obtained directly from you. In certain circumstances, we obtain it indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website or mobile applications, among other things. There are also instances where it is necessary to obtain Personal Information from internal third parties, e.g. your line manager, or from external third parties, e.g. references from previous employers, recruiters, consumer reporting agencies for employment background checks etc.

The categories of Personal Information we collect are set out in more detail in the appendix to this notice. Personal information does not include de-identified or aggregated consumer information.

How do we use your information?

The information we collect from or about you will be used for management and administrative purposes. We keep it and use it to enable us to run our business, manage our employment or potential employment relationship with you effectively, and lawfully and appropriately protect employees’ (and prospective employees’) rights and interests. This includes the following use of your information:

• to enable us to manage your recruitment and onboarding process
• to enable us to manage your employment or potential employment to support and respond to your inquiries
• to maintain your contact information, including altering your details across relevant entities within KILLER CONCEPTS (for example personal, other employment and transferring roles), and to include contact details for your dependents and other designees as provided by you in case of personal or business emergency
• to contact you and inform you about benefits or other information pertaining to your employment or potential employment, and to administer a range of medical, dental, vision, retirement, disability and other benefits for you and your beneficiaries
• to provide employee data maintenance and support services, administration of separation of employment, approvals and authorization procedures, administration and handling of employee claims, and travel administration
• to enable us to pay and reimburse for expenses, including salary administration, payroll management, payment of expenses, to administer other compensation related payments, including assigning amounts of bonus and commission payments to individuals, and stock option payments
• to conduct performance reviews, including performance appraisals, career planning, skills monitoring, job moves, promotions and staff re-structuring
• to monitor work-related licenses and credentials, including provisioning software licenses for use in the course of an employee’s work-related responsibilities, ensuring compliance, training, examination and other requirements are met with applicable regulatory bodies
• to administer international (or inter-state) assignments, including relocation services, documenting assignment terms and conditions, obtaining relevant immigration documents, initiating vendor services, fulfilling home/host country tax administration and filing obligations, and addressing health requirements
• to monitor and ensure your eligibility to work in the U.S., which means monitoring and ensuring compliance of employees’ ability to work in the U.S
• to enable healthcare-related services, including conducting pre-employment drug screenings and employment-related medical screenings for return to work processes and medical case management needs; determining medical suitability for particular tasks; identifying health needs of employees to plan and provide appropriate services, including operation of sickness policies and procedures
• to facilitate better working environment, which includes conducting staff surveys, providing senior management information about other employees, and conducting training
• to ensure a healthy, safe and efficient working environment, which includes KILLER CONCEPTS’s actions relating to disciplinary actions, and code of conduct processes and investigations
• to maintain the safety, security and integrity of our systems, databases and other technology assets and our business
• to comply with legal and regulatory obligations, government regulatory request, court order or other law enforcement requests
• to pursue our legitimate interests and protect our legal position in the event of legal proceedings against the company
• as described to you whenever collecting your personal information or as otherwise set forth in the CCPA or subsequently agreed to by you

Where there is a need to process your Personal Information for a purpose other than those set out in the appendix or otherwise outlined to you, we will inform you of this.

How is your information shared?

Your information may be disclosed to third parties where we are legally obliged to do so or where required or necessary by virtue of your employment or potential employment. For example, we pass on certain information to our external payroll provider, retirement and health insurance providers, consumer reporting agencies for employment background checks.

More detailed information on how we share your Personal Information is set out in the appendix.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, KILLER CONCEPTS Inc has disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers
• Category B: California Customer Records personal information categories
• Category C: Protected classification characteristics under California or federal law
• Category F: Internet or Network Activity
• Category G: Geolocation Data
• Category H: Audiovisual Information
• Category I: Professional or Employment Information
• Category J: Education Information as defined by the Family Education Rights Privacy Act
• Category K: Inferences Drawn

In the preceding twelve (12) months, we have not sold or leased any personal information. KILLER CONCEPTS does not sell or lease personal information.

What happens if you do not provide us with your information?

In some cases, you may decline to provide us with your Personal Information. However, if we believe that we require relevant information to effectively and properly manage our employment relationship, we may not be able to continue our employment relationship with you if you decline to provide us with that Personal Information.

Further information

If you have any questions or comments about this notice, please do not hesitate to contact support@killerc.com or reach out to your Human Resources representative.

Review

KILLER CONCEPTS Inc. reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post a revised notice online and update the notice’s Effective Date above. We encourage you to check this link frequently to see the current privacy notice in effect and any changes that may have been made to them.

Appendix